Legal Question in Wills and Trusts in Virginia

I am a resident of Virginia.A month ago my son died at 30 years old and left his live in girlfriend pregnant.His girlfriend is still married to her first husband.Will the unborn illigitimate child be the hier to my son's estate.


Asked on 3/18/11, 6:49 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

The Code of Virginia speaks to this case:

4. No claim of succession based upon the relationship between a child born out of wedlock and a deceased parent of such child shall be recognized unless an affidavit by such child or by someone acting for such child alleging such parenthood has been filed within one year of the date of the death of such parent in the clerk's office of the circuit court of the jurisdiction wherein the property affected by such claim is located and an action seeking adjudication of parenthood is filed in an appropriate circuit court within said time. However, such one-year period shall run notwithstanding the minority of such child. The limitation period of the preceding sentence shall not apply in those cases where the relationship between the child born out of wedlock and the parent in question is (i) established by a birth record prepared upon information given by or at the request of such parent; or (ii) by admission by such parent of parenthood before any court or in writing under oath; or (iii) by a previously concluded proceeding to determine parentage pursuant to the provisions of former Sec. 20-61.1 or Chapter 3.1 (Sec. 20-49.1 et seq.) of Title 20.

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Answered on 3/18/11, 8:23 am


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