What rights does an out of wedlock minor child have to the father's estate?

Answer 1

The out of wedlock child would need to be included in the will to become an "automatic" heir. It is doubtful he or she would be considered eligible under the state's probate succession laws if the parent in question died intestate. It is possible for the custodial parent to file a lawsuit claim against the estate, but that can be expensive, time consuming and emotionally traumatic. Such cases can become very complexed and unfortunately bring out the worse in the parties involved and usually result in monies being owed rather than gained.

Answer 2

In most jurisdictions in the US, a minor child would be entitled to a share of the estate. Fewer jurisdictions provide an adult child with a statutory share if that child was disinherited by will or forgotten by the testator. If the parent died without a will, many jurisdictions provide surviving children with a share of the remaining estate after the share of the surviving spouse has been deducted. If there is no surviving spouse, the children share the intestate estate. Paternity for a child born out of wedlock must be established in order to be considered a statutory heir.

You can check the laws of intestacy for your state at the related question link provided below.