Can Illegitimate Children Be Left Out of Their Father's Inheritance?
The question of whether or not illegitimate children can be left out of a father's inheritance is a common concern. In this article, we will explore the legal aspects and practical steps to ensure that a child's rights are upheld.
Legal Rights of Illegitimate Children
When a child is born out of wedlock, the matter of inheritance may seem complex, but the legal rights are actually quite straightforward. Just like their peers, a child born out of wedlock has the right to inherit from their father, provided certain conditions are met.
Paternity Establishment
For a child to inherit from their father, paternity must be established and recognized. This typically means that the name of the father must be on the birth certificate. If this is the case, the child will be considered a legitimate child for inheritance purposes.
If the father’s name is not on the birth certificate, it's essential to undergo a paternity test. This is especially critical if the father passes away without an established paternity. The paternity test can be conducted before or after the father's death, but it will only be relevant if the results are available before the inheritance process begins.
Wills and Probate
If the father’s name is on the birth certificate or a paternity test establishes paternity before the father’s death, the child will be included in the inheritance process even if they are not named in the will. However, if the child is not named in the will, they will need to file a court action to contest the will.
To contest a will in probate court, the child must provide proof of paternity. With this documentation, they may hire a probate attorney and file a suit within the applicable time frame, which varies by state. In some states, the deadline is 3 months from the date of the father's death, while in others it is 6 months.
Additional Inheritance Considerations
It’s important to note that an inheritance is ultimately determined by the clauses of the will. However, a person’s estate may include various types of assets, such as retirement accounts, Social Security accounts, and living trusts. These assets may also be recorded at the County Records office and may require additional documentation to claim.
For example, if the father owns real estate, it's crucial to check the County Records office to determine if there are any deeds that might affect inheritance. Each type of deed (such as Transfer on Death or Survivorship deeds) can have different implications for who inherits specific assets.
Seeking a copy of the father’s will is also advisable. While wills are not recorded, an attorney working on probate matters may request to access the document to ensure that all parties are aware of its contents.
Conclusion
While it is possible to leave an illegitimate child out of a father's inheritance by not establishing paternity or not leaving them in the will, the legal system typically provides mechanisms to protect these children's rights. Understanding the legal requirements and taking the necessary steps can help ensure that a child is not inadvertently excluded from their inheritance.
It's always advisable to consult with a legal professional for guidance and advice. A qualified attorney will be able to provide the necessary support and ensure that the child’s rights are protected during the probate process.