Being born out of wedlock does not bar a child from inheriting from his deceased father. However, if the father left the child out of the will then that child might not be able to inherit anything without contesting the will in court.
The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).
If a child is born out of wedlock, a paternity affidavit is filled out and signed. The exact forms vary from state to state, but basically the forms list the parents' and child's information, and both parents swear they believe the man is the father of the child. The form is a legal document for purposes of naming, support, inheritance, and custody disputes.
Under all circumstances, unwed mothers have sole custody and control in every state until paternity is legally established. The mother has a medical record that proves maternity. Since there was no marriage the father must prove his paternity. Then child support and visitation orders can be established, and petitions for custody can be filed.
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When speaking of paternity of a child, the "presumed" father is the man that is automatically assumed, under the law, to be the father. This definition varies a bit from state to state. Some states do not allow the presumption to be challenged while others do.
The estate is responsible for all the debts of the deceased. The children are not required to pay them from their own funds, but it will reduce the amount they inherit.
= wedlock = The state of being married; matrimony. The state of being united as husband and wife.
If the will cannot be found, then the state has a default will. In that case, the children of the deceased would inherit the estate, not the brothers of the deceased. Witnesses don't matter.
Certainly, if that is how the will was written. The deceased gets to say who gets what. If there is no will, the state laws will determine how it is distributed.
The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).
Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.
If your grandmother died and devised her home to her heirs then you may be entitled to inherit your father's share, whatever that may be, according to the intestate succession laws in your grandmother's state. If he had a spouse she may also receive a portion. If he had no spouse his children would share equally. However, the wording of your grandmother's will may direct who will inherit the share of a deceased child. Property may be devised to a person's children with the share of any deceased child to pass to his own sisters and brothers. Or, property may be devised to a person's children with the share of any deceased child to go to the deceased child's children (grandchildren). You need to check the wording of the will and you may need to check the laws in the state where your grandmother's will is probated.
In Colorado the estate will be responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved.
The mother. The father have to prove paternity in court and petition for visitation or custody. He can then also pay child support.
No. Unless he gets custody of the child and you want to be around it for your own good. Why would you even think that sweetie?
The will should specify who should inherit. If there is no will, the state will have a law that specifies. Just because someone is related does not mean they are entitled to a portion of the estate.
Yes. Legislation will vary according to country but anyone may inherit dependant on the will and testament of the deceased. If the father is not the biological father he may still be the father in the eyes of the law. Should he have legally adopted the child for instance.