What would an illegitimate child, who never met nor was acknowledged be entitled to from the child’s biological father death?
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What would an illegitimate child, who never met nor was acknowledged be entitled to from the child’s biological father death?
The natural child learned who the child’s biological father was through
investigation, to the extent the child tracked down an ex wife and their
children. The child was able to arrange a DNA test between the child and one of
the children which concluded without doubt they were related. Child is now 50
yrs old and is seeking nothing from the biological father, just inquisitive who
the father might be, appearance and health information relative to child’s
health.
Asked on June 23, 2019 under Estate Planning, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the father has a will which leaves all his property to specifically identified other persons, the illegitimate child is entitled to nothing, since there is no inherent right for a child to inherit: children may be disiherited by giving everything to others.
But if there is a will leaving anything to "my children" (rather than identifying by name the children who inherit), as a child, the illegitimate one would be entitled to a share, too.
And if there is no will, then he or she will inherit what any child would when there is not will.
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