Legal Question in Wills and Trusts in Florida
Child born from father-daughter incest
Is a child born of father-daughter incest recognized as the father's legal heir -- his child, not his grandchild -- or does such a child have no claim to his father's estate (there is no will)?
Example: If a man dies without a will and is survived by three legitimate children, is his grandson (born from an incestuous relationship with the man's deceased daughter) entitled to share equally in the estate along with the other legitimate children?
If so, would each child receive 1/4 of the estate, and because the mother is deceased, the child would receive her share as well?
2 Answers from Attorneys
Re: Child born from father-daughter incest
A child is a child, regardless of the incestuous relationship, and inherits equally with other children. The child would not take his or her mother's share unless it was expressed that way in the will. Being "illegitimate" would not affect the inheritance if the child is legal, that is, was recognized by the parents or a court as being a child.
Re: Child born from father-daughter incest
In California, as long as it can be proven that an parent-child genetic link exists, the child can take his intestate share which in this case would be 1/4. If you need additional help, please email me at [email protected].
Regards,
Mina Sirkin, Certified Specialist in Estate planning, Probate and Trust Law, State Bar of California Board of Legal Specialization
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