Legal Question in Wills and Trusts in Georgia

outside child rights pertaining to a decease father will


Asked on 8/19/12, 12:13 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It looks like you left out most of the question. What are you asking?

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Answered on 8/19/12, 3:10 pm

What is an "outside child?" Are you referring to a child born out of wedlock? If the father made a will, then any property will be disbursed to his beneficiaries as per his will. If he did not mention the child at all and did not specifically disinherit the child then the child is called a "pre-termitted heir." In such case, did the father ever acknowledge the child or file a petition to legitimate the child? If no, then the child may be out of luck as a child born out of wedlock has no right to inherit from the father absent legitimation if this is in Georgia.

I don't know where the father lived at the time of his death and I don't know when he died. That is the state whose law is controlling and other states may have different laws about the ability of an out-of-wedlock child to inherit. If you are the child, then I would take the will to a probate attorney in the county/state where the father lived at the time of his death and see what the will says and see if you can bring an action against the state to be included (if the will does not specifically disinherit you). If the will disinherits you, get the lawyer to make sure that it does so proplery. If the clause is not proper, it is possible to file a caveat to the will. There are time limits for these things so I would do this sooner rather than later.

If you are another beneficiairy or the peersonal representative, it is up to the child to assert his/her rights. If the child does not do so in a timely manner., the rights will be forfeited. Again, I suggest that you see a probate lawyer in the county/state in which the father resided. You also need to have the attorney review the will and see what rights of inheritance, if any a child born out of wedlock has.

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Answered on 8/19/12, 10:02 pm


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