If my son passed at 43 years of age and his father has abandoned him at birth, is his father entitled to receive any of the estate?
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If my son passed at 43 years of age and his father has abandoned him at birth, is his father entitled to receive any of the estate?
The mother who raised the son doesn’t the want father to receive anything. Is there any way to exclude a father from his son’s estate, if he abandoned his son for 43 years?
Asked on October 10, 2017 under Estate Planning, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, under the law both parents have equal rights to a deceased child's estate unless the child had a Will which provides otherwise. That having been said, if an heir cannot be located in a probate matter, each state has a "missing legatee" procedure where the missing heir's inheritance is paid into the County Treasurer's office or the like. It sits there for a period of years and if no one claims it, then it passes to the remaining heirs of the estate.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, under the law both parents have equal rights to a deceased child's estate unless the child had a Will which provides otherwise. That having been said, if an heir cannot be located in a probate matter, each state has a "missing legatee" procedure where the missing heir's inheritance is paid into the County Treasurer's office or the like. It sits there for a period of years and if no one claims it, then it passes to the remaining heirs of the estate.
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