Legal Question in Family Law in Illinois
estate settlement for illigitimate child??
If a married man has an affair that produces a child after he dies, does that child have rights to his estate?
What about his wife, and children from the marriage. Could they be successfully sued after the estate is settled?
Asked on 6/07/07, 5:09 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: estate settlement for illigitimate child??
In Virginia, only if the paternity of the subject child can be linked to the decedent by clear and convincing evidence. (See Va. Code Sec. 64.1-8.1 concerning afterborn heirs.)
Answered on 6/07/07, 6:55 pm
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: estate settlement for illigitimate child??
And, no, the decedent's surviving spouse and children could not be sued(successfully) after his estate had been settled and distributions made to his legal heirs.
Answered on 6/07/07, 11:16 pm
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