This may sound straight out of a movie, but our Plano estate planning lawyers have actually received a few calls like these. A long-lost child appears after the death of their parent. This is an alarming situation for so many reasons, but people often wonder if that child has a claim against the deceased’s estate.
The answer is yes, but only if you do not have a will or trust in place. When a person passes intestate (without a will) the state steps in to give you its version of an estate plan. In most states, a person’s assets will go to a spouse if a will is not in place. But this is not always the case, because if the person who passed had children that are from a different relationship, then the assets may be split between the children and spouse of the deceased person. But if that person does not have a legal spouse, most states will divide the estate among their children. All of their children.
Here’s an example: A 50-year-old man finds out he fathered a child when he was a teenager. The father has had no relationship with that child. The man currently has a long-term, live-in girlfriend and wants her to inherit the home they share. Should the man be worried that his estranged child will inherit the house instead of the girlfriend?
According to most state intestacy laws, which govern estate distribution in cases there is no will in place, the answer is yes. The child would have a right to his estate. For this man, it is advisable to create a will that disinherits his child and prevents him or her from taking his assets when he dies. He could also create a will that leaves the house to his girlfriend but also leaves part of his estate to his child.
Situations like this may be rare, but they do happen. If this is a concern for you, it is critical to seek answers to these types of questions with a Plano estate lawyer before it is too late. To set up a consultation at our Plano office, contact 214-292-4225.