Legal Question in Wills and Trusts in Missouri

surviving child and no will

I was 4 months pregnant when my boyfriend died of a heart attack last fall. He was still legally married, though had left his family in Missouri to move in with me in Tennessee and proceed with divorce. The divorce was never settled. He had property in Missouri, a $100K life insurance policy, a surviving spouse and 2 children. Here in Tennessee, he left a car and my son. He had no will. I have performed a DNA paternity test which shows him as my son's father. Does my son qualify for any portion of what he left behind?


Asked on 7/13/00, 11:09 pm

1 Answer from Attorneys
Walter Grantham Grantham & Grantham

Re: surviving child and no will

Yes, assuming the DNA tests are conclusive, your son shares in the estate (in Tenn.) just as any other child. Missouri law may differ as to the rights of an illegitimate child. He also may be entitled to share is Soc. Sec. survivor's benefits.

Contact a lawyer to advise you in regards to estate proceedings and how to present the claims.

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Answered on 9/09/00, 2:55 pm


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