Legal Question in Wills and Trusts in Illinois

Will

Do children who were born out of wedlock as the result of an extramarital affair (one before the marriage and one during the marriage) have any legal rights to the property of the father. A will is now being drawn and there are concerns as to the correct wording to remove these children as legal heirs.


Asked on 2/05/07, 11:40 am

2 Answers from Attorneys
Scott A. Blumenshine Blumenshine Law Group

Re: Will

Any child is an heir under

the Probate Act, whether

born into or outside of a marriage.

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Answered on 2/06/07, 7:51 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Will

Since the children born out of wedlock are his legal heirs, just like his children born to your marriage, they could claim a "child's share" if they're left out of the will. The three could get collectively 1/3 of his estate. Your better bet is a living trust. That doesn't get probated. Please call for a free consultation.

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Answered on 2/05/07, 11:48 am


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