Legal Question in Wills and Trusts in Indiana
Curious if husband will inherit from his father with no will
My husband was born out of wedlock. His father had nothing--name removed--do with him until we tracked him down when my husband was 29. His father had tons of excuses as--name removed--why he was not involved, most of them blaming my mother in law. His father is not on the birth cirtificate, has only seen my husband a few times the last when he was 3, and there has never been a paternity test. (He is definately his father though, my husband looks just like his father's other children.)
So, my question is, does my husband stand--name removed--inherit anything from his father if he dies with no will?
3 Answers from Attorneys
Re: Curious if husband will inherit from his father with no will
Assuming the father is a resident of Indiana at the time of his death and then dies intestate, the adult child would or could inherit jointly a proportionate share with all other children of the decedent. Whether a paternity suit or determination would be necessary would be a question that we currently have no answer to. It depends upon what active steps father takes and the manner he takes them to acknowledge the child. If he puts anything in writing making the acknowledgement, then it would be easier to convince the court of the paternity. If he has told his other children about this child and they accept the situation, then there should be no problem. However, dependent upon the size of the estate and the relative proportionate shares, one could reasonably expect a time and money consuming challenge to the claim that the person is a child. Under Indiana law there is only a limited time after death and/or the institution of probate to make sure you have a suit on file to determine paternity (3 months). If this person is married and owns property jointly with a spouse, then there is seldom any estate to go to children - children share only in the property the decedent owns in his own name alone and for a married person that is seldom anything.
Re: Curious if husband will inherit from his father with no will
Yes. He is his father's child, although proof may be expensive since he'll have to establish paternity.
Re: Curious if husband will inherit from his father with no will
Yes. The law specifies exactly how much he will iherit, but paternity will need to be established. Keep in mind, if his father writes a will, he or any other child can be "written out" of the inheritance.
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