Legal Question in Family Law in Oklahoma
Illigitimate childrens rights to information regarding natural father
My wife's natural father has never had contact with her and has died. She would like to get some information from his family ie health records, family photos, family tree ect. She has made several attempts at contact and has been refused by his widow and siblings. I would like to know what recourse she has. Is there case law that gives her the right to the information. In addition is there case law that gives her the right to any part of the estate that was left to the family.
1 Answer from Attorneys
Re: Illigitimate childrens rights to information regarding natural father
In Oklahoma, illegitimate children (or children born out of wedlock, the more politically correct term) can inherit from the father only if:
1)father has acknowleged the child in a witnessed writing;or
2)father subsequently marries the mother;or
3)father acknowledges child publicly in a family context; or
4)judicial determination of paternity.
Unless one of these requirements are met, she cannot inherit from her natural father and has no claims to his estate. I cannot tell you what the law is in other states with regard to this issue; but I do believe that the Uniform Probate Code follows this same type of requisite. The law of the decedent's domicile at the time of death will control the disposition of his personal property and the laws of the state of the situs of real property will control for the disposition of his real property.
Good luck!
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