Legal Question in Family Law in Oregon

Putting an illigitimate child in the will

My current husband had a child from a previous relationship but is not in contact with the child. His ex-girlfriend did not list him as the birth father and when he tried to get visitation she disappeared. We would like to include the child in the will and I feel it is necessary so that the Will won't be as likely to be contested because the child was acknowledged. Can we designate a specific amount to go to the illigitimate child or do we have to give her equal share?


Asked on 1/14/03, 1:50 pm

2 Answers from Attorneys

David DenHartigh Attorney at Law

Re: Putting an illigitimate child in the will

Husband should open the yellow pages and find a local lawyer who prepares wills and trusts. In order to avoid a contested will, it is necessary to be sure that all of the formal will requirements are met. Most lawyers don't charge more than a couple hundred dollars for a will with a trust which is probably what he needs. There's too much at stake here not to do it right the first time with a ill-conceived do-it-yourself project. Once the time comes, your husband won't have a second chance to fix it if it isn't done right. Like all lawyers in Oregon, I just paid my hefty mandatory malpractice insurance premium so if I screw up, my clients are covered. If husband screws up and there's a contested will there won't be any insurance to cover his mistakes. A contested will usually results in festering ill-will among surviving family members and much of the remaining estate can be gobbled up by the fees necessary for lawyers to clean up the mess. So don't be penny-wise and pound foolish. Good luck to you.

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Answered on 1/14/03, 2:33 pm
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Putting an illegitimate child in the will

YOUR QUESTION:

Can we designate a specific amount to go to the illigitimate child or do we have to give her equal share?

ANSWER:

Yes, a will may designate a specific amount as being the bequest to the illegitimate child; and no, you do NOT have to give the illegitimate child (or any other child for that matter) an equal share.

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Answered on 1/14/03, 4:56 pm


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