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The answer will vary depending upon a number of factors, including the state or country involved. Are they legally recognized as his children? If he is listed on the birth certificate, or they can prove he was the father, then they have some rights. The answer will depend on what his will says. It may also depend on what his mother's will says. In general, if neither of them had a will and they are legally recognized as his children, the children would be entitled to a share in the estate. Consult a probate attorney in the appropriate state for the exact answer.

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Q: If a man dies with kids born out of wed lock would the children be eligibile to receive his share from his mother's property?
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The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.


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