Legal Question in Wills and Trusts in Maine
If a child is unknown to deceased are they entitled to any part of the estate? Paternity was never tested, support was never requested, the deceased had no idea. They die with a will and other children. Does it make a difference if the father was below the age of consent when the child was conceived?
Asked on 1/26/11, 2:51 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
The lack of a prior paternity test or knowledge by the father are not dispositive if the child can otherwise prove that he/she is an heir. The age of the father at the time of conception does not invalidate the rights of the child.
Answered on 1/27/11, 2:33 pm