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Legal question concerning an "illegitimate child's" rights to parent's estate...
9/19/2011 11:30:21 PM
so 34 years ago, a 19 year old male impregnates a 16 year old female. Paternity test proves the father, child support awarded. Child support later challenged, mother (still in sole custody of the child) doesn't show in court, child support thrown out.
Fast forward to today:
Name and address of biological father known, unknown if he had any other kids, however he did marry.
If that biological father passes away, does the child (which WOULD be the first, oldest of his litter) have any enforceable legal right to his estate? What about after the current wife passes?
State where all this occurred is Alabama.
Fast forward to today:
Name and address of biological father known, unknown if he had any other kids, however he did marry.
If that biological father passes away, does the child (which WOULD be the first, oldest of his litter) have any enforceable legal right to his estate? What about after the current wife passes?
State where all this occurred is Alabama.
9/19/2011 11:52:47 PM
Why would his will not be followed?
9/20/2011 3:01:34 AM
Originally Posted By EviL_inside:
so 34 years ago, a 19 year old male impregnates a 16 year old female. Paternity test proves the father, child support awarded. Child support later challenged, mother (still in sole custody of the child) doesn't show in court, child support thrown out.
Fast forward to today:
Name and address of biological father known, unknown if he had any other kids, however he did marry.
If that biological father passes away, does the child (which WOULD be the first, oldest of his litter) have any enforceable legal right to his estate? What about after the current wife passes?
State where all this occurred is Alabama.
so 34 years ago, a 19 year old male impregnates a 16 year old female. Paternity test proves the father, child support awarded. Child support later challenged, mother (still in sole custody of the child) doesn't show in court, child support thrown out.
Fast forward to today:
Name and address of biological father known, unknown if he had any other kids, however he did marry.
If that biological father passes away, does the child (which WOULD be the first, oldest of his litter) have any enforceable legal right to his estate? What about after the current wife passes?
State where all this occurred is Alabama.
I would guess no. He could try to tie it up in probate court I imagine, but since there was no other ties other than being a sperm donor, I would say the dad's stuff is probably safe.
I'm not a lawyer and I did not stay at a Holiday Inn Express last night.
9/20/2011 9:40:22 AM
It would depend on the state so a licensed Alabama attorney should be consulted. In Virginia, the illegitimate child likely could get a share of the estate, absent a written will.
9/20/2011 11:18:00 AM
Legitimacy is not a qualifier to being an heir in the United States. The passing of the current wife is irrelevant. The question would be whether or not the deceased had a valid will, and the effect of state law
upon that will. Some states do not allow people to completely disinherit minor children or spouses, some states require the will to specifically mention a disinherited child.
Too little known for concrete advice, this requires consulting an attorney in the state where the deceased resided. And it requires that such happen quickly before
statutory deadlines pass.
upon that will. Some states do not allow people to completely disinherit minor children or spouses, some states require the will to specifically mention a disinherited child.
Too little known for concrete advice, this requires consulting an attorney in the state where the deceased resided. And it requires that such happen quickly before
statutory deadlines pass.
9/20/2011 11:35:26 AM
Negative.
9/20/2011 11:44:14 AM
A spouse usually gets everything when the other spouse dies. The surviving spouse can do what they want and even write a new will. My great-grandpa remarried and after his passing the new wife took everything and gave it to here family. As always consult an attorney for your situation.
9/20/2011 10:11:21 PM
Originally Posted By Everrest:
A spouse usually gets everything when the other spouse dies.
A spouse usually gets everything when the other spouse dies.
If you are refering to someone who died without a will, that's often not true. State laws vary and many states split an intestate estate between the surviving spouse and children of the deceased.
9/21/2011 11:14:11 AM
Get a local attorney to tell you the sate law.
It is all over the place.
It is all over the place.
