Legal Question in Wills and Trusts in Alabama
If in 1950 in Alabama my great grand father died intestate and had two wives, both preceding him in death, with the second wife having ten children born when my great grand father was married to his first wife; did these other ten children have any inheritance rights from my grand father's estate on an equal basis as the children caring his last name and born in his marriage to his first wife, as in when my grand father died, his second wife's 10 children with her last name and never carrying his last name and were never acknowledged by my great grand father on any legal documents known on record as being the father of these other 10 children, but he did marry their mother when most of the 10 children were over the age of 18 and one of the 10 of her children asked my grand father's estate to be probated and then proceed to sell his estate? Was this legal for one of her ten children to execute probate and share equally to the children bearing my grand father's last name and were raised by him in his house?
1 Answer from Attorneys
Generally, a child that is born out of wedlock is treated as a child of the father if legitimated or acknowledged by him. Paternity can be established either before or after the death of the father. If paternity is established, every child (regardless of whether or not legitimate) inherits equally through intestate succession.
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