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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.

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Q: What is New York State Law if a child is born out of wedlock and wants to inherit from his deceased father?
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Does a child or her father inherit her mother's property?

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).


What is an affidavit of parentage?

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.


Who has custody of a child born out of wedlock in the state of Michigan?

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.


What happened to the cast on the Andy Griffin show?

Ron Howard is an actor/director. Andy Griffith and Don Knotts are deceased. Francis Bavier is deceased. Jim Nabors (Gomer) was a singer and actor, George Lindsey (Goober) is deceased, Howard McNear (Floyd) is deceased, Aneta Corsaut (Helen Crump) is deceased, Jack Dodson (Howard) is deceased, Betty Lynn (Thelma Lou) livesd in Kansas City, MO, Elinor Donahue (Ellie) lives in Washington state, Hope Summers (Clara) is deceased, Hal Smith (Otis) is deceased. Only 4 of the regular cat are still alive.


Who can be referred to as a presumed father?

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.

Related questions

Are children responsible for a deceased parent in the state of Pennsylvania?

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.


What is a wedlock?

= wedlock = The state of being married; matrimony. The state of being united as husband and wife.


In North Carolina if there is no will can the brothers of the deceased override the children's claim to the estate if witnessess swear the deceased left his entire estate to his brothers?

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.


Can two children inherit the house and the other 3 be excluded?

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.


Does a child or her father inherit her mother's property?

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).


Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?

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.


Your father died in 1953 his mother died your grandmother leaving her home to her heirs Would you be considered to be her heir on your fathers share of her home?

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.


Is surviving spouse responsible for medical bills of deceased husband in the state of Colorado?

In Colorado the estate will be responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved.


Who has custody of children born out of wedlock in state of Colorado?

The mother. The father have to prove paternity in court and petition for visitation or custody. He can then also pay child support.


Can unwed mom in one state give birth out of wedlock and be forced to move back to the state of the father?

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?


In a family tree can anyone be an heir to the deceased's estate?

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.


What if one of the parents is not on a birthcerficate can stepfather still adopted?

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.