Child rights to will.
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Child rights to will.
My biological father refuses any contact or to meet me. If he dies am will I have
access to some of his estate. He has 2 other sons and I was never adopted by
any other parent. His sons know nothing about me but I have tried to reach out.
Asked on July 15, 2016 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your father dies with a Will, its terms will control the distribution of his estate. And a parent may disinherit an adult child of whose existence they are aware. Typically, there is specific language of disinhertiance, if not then you could potentially file claim against the estate and contest the Will but these cases are difficult to win, not to mention costly. If your father dies without a Will, then the intestacy laws of the state in which he is domiciled will control. As a general rule, state intestacy laws gives children (including estranged children) of the deceased a share in the estate (along with a surviving spouse, if any). Also, there may be special rules in a community proparty state. At this point, you can look on-line for specific state intestacy law and/or consult directly with a probate attorney in the state in which your father lives.
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