Legal Question in Wills and Trusts in Georgia

What is the statue of limitations to claim inheritance in Kentucky, if my dad's wife did not let me know I was entitled to half in 2010 and took it all. I am his only surviving but illegitimate adult child. Because of her actions if the statue of limitations if past, can it be extended. My aunt and uncle have agreed to do a DNA reconstruction to prove I'm family. I was listed in his obituary. He introduced me to his family while he was living and she refused to take us for a DNA test years prior while he was living. I am listing in the obituary and took all his funeral pictures. If the statute is past can it be extended. Do I still have a claim? He had no will. I reside in Georgia


Asked on 9/23/16, 11:09 am

1 Answer from Attorneys
Rachel Hunter

If the inheritance is in Kentucky then re-direct your question to a Kentucky probate attorney. Where you live is irrelevant. The law governing inheritance is that of the state where the deceased lived prior to his death or where the deceased's estate is probated.

Many states do not allow illegitimate children to inherit if the deceased is the child's father or putative father (like Georgia) unless paternity can be established or the child was legitimated. This woo will be governed by the state law where the estate is pending. Listing in an obituary is irrelevant unless state law provides otherwise. Most states require a DNA test. Speak to a probate lawyer in Kentucky.

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Answered on 10/12/16, 7:42 pm


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