Legal Question in Wills and Trusts in North Carolina

a claim agaist his father's Will?

Good Evening,

1. My primary question is: can a child that is born out of wedlock inherit a portion of his father's estate when the child is not specifically disinherited? Additionally, if a child is not metioned in the will, am I entitled to equal shares of my two half brothers and half sister?

2. My father deceased on 980902 and I recently determined that he is a millionare. His will was recently filed (state of RI) and it does not specifically disinherit myself. I am aware of a 1986 Supreme Court ruling that provides legal rights to illegitimate children for claims against intestate parents. However, I don't understand if that relates to my situation. Any assistance is highly appreciated.

Asked on 10/29/98, 7:50 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: a claim agaist his father's Will?

In most states, a child born out of wedlock is treated the same as a child of a marriage. However,

because people can file false claims, many states have restrictions that limit the rights to inherit to

children who are acknowledged prior to death. You should contact a Rhode Island lawyer as soon as

possible as there could be a short statute of limitations that could bar you from collecting an

inheritance.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 1/04/99, 10:21 pm
Patricia Joyce Law Office of Patricia M. Joyce

Re: a claim agaist his father's Will?

Under the fact situation you have related, it is possible that a claim may be available under Rhode Island law. You should contact me or another RI attorney promptly so that an investigation can begin.

Patricia Joyce

Law Office of Patricia M. Joyce

Suite 24, 1050 Main Street


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Answered on 1/04/99, 10:42 pm


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