QUESTION

Is it true that a child out of wedlock would not get any inheritance?

Asked on Mar 03rd, 2013 on Estate Planning - Michigan
More details to this question:
My parents never married but lived together for years. My uncle named me as heir to his estate along with my other half siblings. I contacted the lawyer who told me by Michigan law I was not entitled to a claim because I was born out of wedlock. My other half siblings have received their inheritance.
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6 ANSWERS

Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Being born out of wedlock does not affect your inheritance rights. If you can prove your relationship, then you are entitled the same as any other heir. You can, however, be excluded as a beneficiary of a Will, whether born out of wedlock or not. No child is entitled to an inheritance. If the parent wishes to leave everything to a non-relative or even a charity, he or she can freely do so.
Answered on Mar 06th, 2013 at 7:58 PM

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Family Law Attorney serving Redford, MI at Keenan & Austin, P.C.
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You need to retain your own attorney immediately. If your uncle did, indeed, specify you as an heir, you are entitled to receive your share of the Estate. You would not even have to be related to him if he named you as a beneficiary. I am not sure why the attorney you spoke with told you what he did, but you need to get your own attorney before there is nothing left in the Estate.
Answered on Mar 06th, 2013 at 3:00 AM

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Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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I am assuming that your father is not listed on the death certificate, you were not adopted and your father may not have acknowledged paternity during your lifetime. The biggest problem that an illegitimate child encounters is the issue of paternity. If everyone agrees that the illegitimate child is the child of the parent, then the child would take a part of the property the same as any other child. If, however, as usually happens, some family members deny that the child is the child of the parent, then the illegitimate child has to prove paternity before he would be entitle to take his share of the property. Each state has time limits within which the child must take action to prove paternity. If the child waits too long, he may not inherit even if he can prove paternity. MCL 700.2114 700.2114. Parent and child relationship. Sec. 2114. (1) Except as provided in subsections (2), (3), and (4), for purposes of intestate succession by, through, or from an individual, an individual is the child of his or her natural parents, regardless of their marital status. The parent and child relationship may be established in any of the following manners: (a) If a child is born or conceived during a marriage, both spouses are presumed to be the natural parents of the child for purposes of intestate succession. A child conceived by a married woman with the consent of her husband following utilization of assisted reproductive technology is considered as their child for purposes of intestate succession. Consent of the husband is presumed unless the contrary is shown by clear and convincing evidence. If a man and a woman participated in a marriage ceremony in apparent compliance with the law before the birth of a child, even though the attempted marriage may be void, the child is presumed to be their child for purposes of intestate succession. (b) Only the individual presumed to be the natural parent of a child under subdivision (a) may disprove a presumption that is relevant to their relationship, and this exclusive right to do so terminates upon the death of the presumed parent. (c) If a child is born out of wedlock or if a child is born or conceived during a marriage but is not the issue of that marriage, a man is considered to be the child's natural father for purposes of intestate succession if any of the following occur: (i) The man joins with the child's mother and acknowledges that child as his child by completing an acknowledgment of parentage as prescribed in the acknowledgment of parentage act, (ii) The man joins the mother in a written request for a correction of certificate of birth pertaining to the child that results in issuance of a substituted certificate recording the child's birth. (iii) The man and child have established a mutually acknowledged relationship of parent and child that begins before the child becomes age 18 and continues until terminated by the death of either. (iv) The man is determined to be the child's father and an order of filiation establishing that paternity is entered as provided in the paternity act, (v) Regardless of the child's age or whether or not the alleged father has died, the court with jurisdiction over probate proceedings relating to the decedent's estate determines that the man is the child's father, using the standards and procedures established under the paternity act, If you have any questions, please contact me.
Answered on Mar 06th, 2013 at 2:19 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There is something wrong, if your uncle named you then you certainly should have inherited.
Answered on Mar 06th, 2013 at 2:06 AM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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No, Michigan law does not deny you any inheritance simply because you were born out-of-wedlock. That said, your parent may have denied you any part of the estate in a will.
Answered on Mar 06th, 2013 at 1:52 AM

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Not knowing all the facts, you should be able to inherit if you are specifically named in the will.
Answered on Mar 06th, 2013 at 1:51 AM

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