If my son passed at 43 years of age and his father has abandoned him at birth, is his father entitled to receive any of the estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my son passed at 43 years of age and his father has abandoned him at birth, is his father entitled to receive any of the estate?

The mother who raised the son doesn’t the want father to receive anything. Is there any way to exclude a father from his son’s estate, if he abandoned his son for 43 years?

Asked on October 10, 2017 under Estate Planning, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, under the law both parents have equal rights to a deceased child's estate unless the child had a Will which provides otherwise. That having been said, if an heir cannot be located in a probate matter, each state has a "missing legatee" procedure where the missing heir's inheritance is paid into the County Treasurer's office or the like. It sits there for a period of years and if no one claims it, then it passes to the remaining heirs of the estate.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, under the law both parents have equal rights to a deceased child's estate unless the child had a Will which provides otherwise. That having been said, if an heir cannot be located in a probate matter, each state has a "missing legatee" procedure where the missing heir's inheritance is paid into the County Treasurer's office or the like. It sits there for a period of years and if no one claims it, then it passes to the remaining heirs of the estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption