Law-Forums.org

[francisco]

My daughter is married to a divorcee who has two sons through his divorced wife.Are the sons legal heirs to him and stake a claim to his properties jeopardising the rights of my daughter.

[nann]

The biological children from a previous relationship are considered legal heirs of their parents.

[rushford79]

That would depend on the laws of the state and the terms of any pre-nup that might have been signed. BTW, questions like this point out one of the reasons the state has an interest in marriage contracts.

[karlitis]

Yes, of course they are still his heirs. He divorced his wife, not his sons. Most likely his will is written to specify what will go to his wife and what will go to his children. If he doesn't have a will then it will depend on the laws in your state. I do hope that you daughter doesn't intend to try to exclude his sons from a fair share of their father's property.