Legal Question in Wills and Trusts in Texas

Are natural children (born out of wedlock) entitled to a fathers estate or will? Please advise. How will you prove that the deceased father was your biological parent?

Thanks,

Lorraine


Asked on 9/14/09, 3:42 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

If the father had no will, then the illegitimate children would be entitled to a portion of the estate in most instances. (I'm assuming that the children weren't adopted, and the father didn't terminate parental rights.) If there is a will, then the will would normally control. As for proof, a potential claimant can file an action in probate court called a "Motion to Determine Heirship" and a judge will determine the heirs of a deceased person.

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Answered on 9/19/09, 9:14 pm


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