My parents were never married. Do I have any legal claims against his estate if he dies without a will?
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My parents were never married. Do I have any legal claims against his estate if he dies without a will?
Asked on June 7, 2009 under Estate Planning, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Whether or not your father had a will has nothing to do with your right to inherit (however what your share will be is governed by the applicable intestacy statute).
As for your claims against the estate, Virginia allows for inheritance for illegitimate children as long as the paternity is established. State law spells out exactly how this can occur. You can read the relevant statutes here:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.1-5.1
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.1-5.2
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