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Generally, all children have the same rights, whether born within wedlock or not. The issue may be one of proving your status as a child of the mother, but you are an equal to the "legitimate" child. The terms "illigitimate" and "legitimate" children are no longer in use, by the way.

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16y ago
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14y ago

If they have the documentation to show their relationship, they are entitled to a share of the estate, unless the will specifies otherwise. If the will is not clear on the distribution, they can challenge the will.

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Q: What are the rights of an illegitimate child in probate who's father had one legitimate child and died without a will?
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What is a Jewish father's obligation to his illegitimate daughter?

It depends on what the term "illegitimate" means. The term "illegitimate" is much more expansive than the Hebrew term "Mamzer" which refers to a child born out of an incestuous relationship or a child born to a married woman and a man not her husband. The father has no obligation to a Mamzer. The father does have an obligation to any other child that he fathers (regardless if it falls within the Western definitions of legitimate or illegitimate).


Does a child remain illegitimate if the mother doesn't marry the biological father?

Yes i believe so. The biological parents must be married for the child to be considered "legitimate."


How do you file for estate administrator for your father who died without a will?

The best thing is to consult a probate attorney in your jurisdiction. Depending on the laws, there may not be a requirement to probate.


If Father dies and name not on child's birth certificate can he be an heir?

Not without an extended, and expensive, probate challenge.


Did Rear Admiral Richard Kempenfelt father any children?

Almost certainly not. There is not a shred of evidence that he did. He was a bachelor, so had no legitimate children. Nobody has produced any credible evidence that he had illegitimate children.


What is legitimate child?

If a child is born to parents that are not married, that child is said to be illegitimate. In order for the father to obtain parental rights to the child, he must go through a legitimization process. The process varies by state.


How can you find the will of a deceased relative?

If your relative died with a will in place, the will was processed by Probate Court. Probate Court is NOT only for people who die without a will. Contact the Probate Court where your father/relative died, and they should be able to provide a copy of the will or guide your search.


Father died without will was not married or had minor children Had no property or only a car and a motorcycle worth no more than 1000 How do we transfer ownership without estate?

There may be an abbreviated process that allows transfer of title without having a formal probate process. Check with your local probate court.


In Florida your father passed away and in the will everything goes to your mother does she need to go to probate or does she just assume all assets without going to probate?

If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.


How do you claim assets of a deceased father with no will?

If your father owned any property at the time of his death then his estate must be probated. If he died without a will then his estate is an intestate estate. (See related question link.) You should contact an attorney who specializes in probate if there is considerable property that includes real estate. For very small estates without real estate most probate courts have an expedited process. If that is the case you should inquire at the probate court in your jurisdiction.


Did Lizzie Borden's father have an illegitimate son?

The topic of an illegitimate son has circulated since 1892 but there is little if not evidence one way or another.


Which of Julius Caesar's wives had which children?

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