Legal Question in Family Law in Illinois

My husband of nearly 35 years recently had a 34 year old woman contact him saying she had been adopted and she found her birth mother and that my husband was her father. To make a long story short...he (without talking with me or telling me about it) took some type of DNA test where he swabbed his cheek and she swabbed hers and the results were positive he was the father of this woman. He said the paper says it is not binding in court. Now my question is my husband and I have three children (one daughter also age 34, a daughter 30, and a son 28). Is this other woman entitled anything down the road (like when my husband passes away or I pass away)? Thank you so much for your time and consideration in addressing my question.


Asked on 10/24/10, 1:41 pm

1 Answer from Attorneys
Andrew Pavlinski Pavlinski & Elkins

It is very poissible that the "new" daughter may be entitled to take from your husband's estate. Under the rules of intestate distribution in Illinois all children are entitled to a portion of the parent's estate. Intestate distribution are the rules which govern in the event a person dies without a will. The easiest way to protect your estate is to draft a will which specifies how your, or your husband's, estate will be divided at the time of your death. I suggest that you discuss these deails with an attorney experienced in esate planning as soon as possible. It is never to early to have your affairs in order. If you do it now, you won't have to worry about it later and you will have peace of mind.

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Answered on 10/29/10, 2:18 pm


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