Can children (of a deceased parent) force the sale of a home by the surviving parent (from a second marriage) in order to claim a percentage of the estate; even if the deceased has willed everything to their surviving partner?What are the rights of a surviving parent / children following the death of one parent?
No - if the deceased willed everything to their spouse, the children have no inheritance. The only thing the children could do is talk with an attorney and see if there are any grounds to protest the will.
To be perfectly honest, it's very common for a spouse to leave everything to their surviving spouse.What are the rights of a surviving parent / children following the death of one parent?
I went thur this recently with my mother-in-law. She married a man that died a couple of years later and his family tried to contest the will in probate...but unsuccessful, she was the surviving spouse and the beneficiary to his estate and he also willed it to her...maybe this helps...sorry for your lost!