Do children born outside of marriage have rights of inheritance? 47 Answers as of May 28, 2013

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Bullivant Houser Bailey PC
Bullivant Houser Bailey PC | Darin Christensen
They do if there is no will, but generally can be omitted in a will.
Answer Applies to: Oregon
Replied: 8/22/2012
Jay W. Moreland, P.A.
Jay W. Moreland, P.A. | Jay W. Moreland
Yes. Children have the same inheritance rights whether they were born in or out of wedlock. Any child can also be excluded in a valid will as well which would cut off those rights.
Answer Applies to: Florida
Replied: 8/22/2012
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
Yes.
Answer Applies to: Georgia
Replied: 5/28/2013
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
Yes, the are the children of the decedent are entitled to inherit from the decedent if he dies intestate. The terms of a decedents will can otherwise control unless it can be showed there is a mistake.
Answer Applies to: Michigan
Replied: 8/22/2012
Cale Plamann | Cale Plamann
Yes.
Answer Applies to: Wisconsin
Replied: 5/28/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes. There is nothing in the statutes about a child having to be born during a marriage to inherit. Proving paternity may be an issue however.

    An answer is not as simple as it sounds. A lot more information is needed in order to provide an intelligent and appropriate answer.
    Answer Applies to: Nevada
    Replied: 8/22/2012
    Frederick & Frederick PLC | James P Frederick
    It depends. There is a presumption under Michigan law that when someone IS married, that any children born during that marriage are the biological children of both spouses. This can be challenged, if there is strong evidence to overturn it.

    When there is no marriage involved and paternity is not challenged, then there are presumptive rights, as well. If a father is named on the birth certificate, the child will be considered an heir for Michigan law purposes. That is NOT the same thing as having "rights of inheritance."

    There really is no such thing as "rights of inheritance," under Michigan law. Having said that, it is not possible to disinherit a spouse, under a Will. It IS possible to disinherit a spouse, through other means. It is possible to disinherit a child, and it is easy to do so. A child has no inherent right or entitlement to the assets of his or her parents.

    All that being an heir gets you is the right to inherit, IF your parents do not leave their assets to someone else. So if there are probate assets, (assets titled in the name of the deceased ALONE, with no joint owners or beneficiaries), and if there is not a Will providing otherwise, then Michigan law provides for the child to receive a portion of the estate. That means, there are a lot of IFS, before you can say that someone is entitled to inherit anything from a parent or otherwise. Being born out of wedlock does not diminish those rights, however.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Typically, yes.
    Answer Applies to: Indiana
    Replied: 8/22/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes via the blood of the particular parent; if a will or trust fails to mention them then they may have a legal action to be declared an heir.
    Answer Applies to: California
    Replied: 8/22/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes.
    Answer Applies to: Oregon
    Replied: 5/28/2013
    Law Offices of Frances Headley | Frances Headley
    Yes, if there exists a parent and child relationship between the child and the decedent. You should consult a probate attorney to review all of the facts to determine if a parent-child relationship was established.
    Answer Applies to: California
    Replied: 8/17/2012
    Mike Yeksavich | Mike Yeksavich
    Yes, in Oklahoma
    Answer Applies to: Oklahoma
    Replied: 8/17/2012
    Meadow Walker, LLP
    Meadow Walker, LLP | Eric Meadow
    Children born out of wedlock have inheritance rights by intestacy. Of course, a valid testamentary document, ie a will or trust, will determine inheritance rights.
    Answer Applies to: California
    Replied: 8/17/2012
    James T. Dunn PC | James T. Dunn
    Yes, but Utah allows them to be specifically excluded by doing so in the will. If the child was legally adopted, here is no legal relationship or right to inherit.
    Answer Applies to: Utah
    Replied: 8/17/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Yes, children born outside of a marriage do have inheritance rights.
    Answer Applies to: Missouri
    Replied: 8/17/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Yes. You must prove paternity.
    Answer Applies to: Georgia
    Replied: 8/17/2012
    Lisa L. Hogreve, LC | Lisa L. Hogreve
    Yes, where the mother is the decedent and the child has not been adopted by non-family members. Where the father is the decedent, whether a child born out of wedlock will inherit depends on several factors. One factor to consider is whether the paternity of the father has been established. That can occur, before or after the father's death. Another factor to consider is whether the child has been adopted, and by whom. Step parent adoptions, and other close family member adoptions have no effect on the child's inheritance rights from the biological parent, however, other types of adoption do affect the child's inheritance from the biological parents.
    Answer Applies to: Florida
    Replied: 8/17/2012
    Slovak Baron & Empey, LLP | Valerie A. Powers Smith, Esq.
    Yes. The relationship between the parent and child would have to be proven; but, yes.
    Answer Applies to: California
    Replied: 8/17/2012
    Poole & Poole, P.A. | Wesley R. Poole
    A child born outside of the marriage has the right to inherit from his or her natural (biological) or adoptive parents.
    Answer Applies to: Florida
    Replied: 8/17/2012
    Horn & Johnsen SC
    Horn & Johnsen SC | Dera L. Johnsen-Tracy
    Pursuant to Wisconsin Statutes ? 852.05, a child born to unmarried parents is treated in the same manner as a child born to married parents with respect to inheritance rights. However, if inheritance is through the father, the father must have been adjudicated to be the father in a court proceeding, admitted in open court that he is the father, or acknowledged himself to be the father in writing signed by him.
    Answer Applies to: Wisconsin
    Replied: 8/17/2012
    Law Office of Anthony Roach | Anthony Allen Roach
    Yes, but in some cases their parentage must be established by a court, and the process can be tricky.
    Answer Applies to: California
    Replied: 8/17/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes All children with identified parentage have a right to inherit their parent's estates under law. However, parents can dis-inherit children with a will or other estate planning document.
    Answer Applies to: Michigan
    Replied: 8/17/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    A child born outside marriage is always considered the child of the mother for inheritance purposes and is under certain circumstances considered the child of the father for inheritance purposes.
    Answer Applies to: Maryland
    Replied: 8/17/2012
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    It depends. First was paternity acknowledged by the parent? If so, and if that parent dies without a will (intestate), then as to any assets that might pass through probate, after payment of expenses of administration and allowed claims/debts, a child would take as an heir. If the parent has a will that omits the child born out of wedlock, then that child won't take, in most cases.
    Answer Applies to: Michigan
    Replied: 8/17/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If a child is a biological child of deceased person and that biological child was not adopted by another, and if the deceased person's parental rights were not terminated, may have rights of inheritance. You should discuss the specifics with an attorney who will be able to advise you on the laws of the State where the deceased person died.
    Answer Applies to: Nevada
    Replied: 8/17/2012
    Victor Varga | Victor Varga
    Yes...the parent's marital status has no bearing on a child's inheritance rights. The child has rights as to both parents.
    Answer Applies to: Maryland
    Replied: 8/17/2012
    The Law Firm of Sarver & Guard, LLC
    The Law Firm of Sarver & Guard, LLC | Lauren Sarver
    Yes. The same rights as children born of marriage if they are filiated.
    Answer Applies to: Louisiana
    Replied: 8/17/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    They may, yes. Maryland intestacy laws (rules for when there is no will) provide for children of unmarried parents to inherit, though to inherit from the father there are requirements to show the child is the child of the father.
    Answer Applies to: Maryland
    Replied: 8/17/2012
    Richard J Kaplan, PA
    Richard J Kaplan, PA | Richard J Kaplan
    Yes they could, but not necessarily do.
    Answer Applies to: Florida
    Replied: 8/17/2012
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