Legal Question in Wills and Trusts in Pennsylvania
children's right to parents assets
I currently live in Pennsylvania. My fiancee and I plan to marry this May in the Virgin Islands. He has three children, two from a previous marriage and one (the youngest) from another relationship. Once married, if he should die, would his youngest be entitled to his assets. My fiancee never signed her birth cert. nor had a blood test done yet he supports her financially. If she wanted to contest ''her right'' could she sue to have a posthumous dna test? I need to know the laws concerning this matter not only for pennsylvania but for the states of Delaware and Maryland
1 Answer from Attorneys
Re: children's right to parents assets
In general, a child does not have a right to receive an inheritance from a parent. A parent can execute a Last Will and Testament that specifically cuts out one or more children. However, if the Will was signed before the child was born, then the child may have a claim against the estate for an inheritance. Also, if the child is a minor or is disabled, then the child may be able to make a claim against the estate for support.
For second marriage situations such as the one that you describe, you ought to hire a lawyer to prepare the estate planning documents.
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