If an illegitimate child has a DNA test proving paternity, is he entitled to any of the biological father’s estate?
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If an illegitimate child has a DNA test proving paternity, is he entitled to any of the biological father’s estate?
The name on the birth certificate is the mother’s husband at the time and not that of the biological father. Paternity was proven later. The biological father acknowledged the child but not legally.
Asked on February 27, 2014 under Estate Planning, Texas
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
If there is a will, that will trump anything else. So if the father died and his will said his estate was to be split between all his children, and the legitimate children were not in the will by name, then the illegitimate child may have a claim for a share. If there is no will, the estate will pass according to your state's laws of intestate succession.
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