Legal Question in Wills and Trusts in Pennsylvania
Biological children's inheritance
Do biological children have rights in the state of Penn. when biological father has remarried and his will leaves them nothing.
3 Answers from Attorneys
Biological Children's Inheritance
I am not versed with the laws of the State of Pennsylvania and the answer to this question would be dependant upon state law. However, in my experience a will is valid unless some reason can be setforth to invalidate the will such as undue influence by the second wife, senility or deminished mental competance at the time the will was executed. I would strongly advise consulting a Penn. attorney.
STATE LAW WOULD CONTROL. . .
You will need to contact a PA attorney--should PA have adopted the Uniform Probate Code, to write out a biological child, some specific terms have to be met; an attorney will want to look at the Will.
Inheritance by Biological Children
To answer your question, further information is necessary.
1. What state was the deceased father a resident of at the time of his death? This means more than where did he live - it would be governed by a State's definition of what constitutes residency.
2. Were the children the legal, recognized children of the father?
You should consult with an attorney who should have the opportunity to review the entire Will, and gather other facts in order to be able to answer your question.
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