Legal Question in Wills and Trusts in Maryland

Under Maryland law an illegitimate child has the same rights as a legitimate child so long as the paternity was established or acknowledged during the father's lifetime. The differentiating terms themselves are no longer commonly used. Oregon law may vary.

While it must certainly be a shock to find out about a child years or decades after the fact Maryland law recognizes that obviously children have no say in their parents' identity or choices. That being said it is possible to disinherit children (legitimate or illegitimate) though not always the wisest choice and often opening up a greater chance of litigation down the road. Your spouse may wish to consult with an estate planner after he's had some time to adjust to the news and figure out the best way to handle his estate. For instance, estate planning could treat each child equally or it could treat adult children differently, say preserving the bulk of an estate for the benefit of the established family while leaving a modest amount for a child who has not been in the picture. The specifics of each situation and family dynamics mean there is no one size fits all answer to estate planning and decisions should be made after careful thought and counsel.

Note that this general information doesn't try to offer legal advice specific to your situation - the details of a particular situation may affect how the law applies to you.

Suggest you talk to an attorney who handles Federal/MD estate planning and Federal/MD taxation matters. Information will need to be assembled and carefully reviewed for a proper analysis and estate distribution plan to be implemented. An experienced estates and trusts/tax attorney in MD should be able to handle this type of matter and to protect the interests of the client. Please note that, in accordance with the MD Code of Professional Responsibility for Attorneys, a signed engagement letter is necessary in order to engage my legal services. If I can be of any help to you or people you know, contact me as I would be pleased to provide tax/legal support.

Sincerely,

Robert Beatson II, 4-24-2013, 10:40 p.m. EST

Law Offices of Robert Beatson II, 9818 Glynshire Way, Potomac, MD 20854

Email: [email protected]

Website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, litigation, mediation.

Licensed to practice law in: DC, MD, VA, and NY.