Do you have any rights to a Will if your parent does not include you in it?

In the case of an illegitimate child, the biological father married and now has children of his own.

Asked on September 30, 2017 under Estate Planning, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A parent can disinherit their adult child, typically with express language in their Will (it depends on specific state law). However, if a parent does not know of their child's existence, then that child may have a claim on the estate. In your case, you indicated that you were illigitimate but did not mention if your father was aware of your birth. If he was, you are over 18 and you were expressly disinherited in the Will, then you are not entitled to inherit from his estate. At this point, you should consult directly with a probate attorney who can best advise you after hearing all of the details of your situation.

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