Child rights to will.

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption