QUESTION
Can an outside child have stake in my Dad's property?
Asked on Jan 14th, 2013 on Estate Planning - Texas
More details to this question:
If he is not in the will can he stake claim to anything on my dad's property?
13 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes. Obtain yourself probate litigation counsel to assist you.
Answered on Jan 17th, 2013 at 12:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not exactly sure what you mean by an "outside child." If you simply mean someone who is disinherited by the Will, the answer is generally no. There is an exempt property allowance of $14k that can be claimed by any spouse or child, so there is a chance the child could elect that. Otherwise, unless the Will is contested, the child would not be entitled to anything. The family could decide to give him something anyway. But there would be no legal requirement to do so.
Answered on Jan 16th, 2013 at 2:35 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If Dad had two or more children and mentioned them in his will, but left nothing to child X, then X has no claim to anything. If Dad's will did not mention the existence of this child, then he may be able to get what he would have gotten by intestacy.
Answered on Jan 16th, 2013 at 2:34 PM
Shadi Ala'i AlaiShaffer
It depends but if he is a child of your father's yes this is possible. You should consult with an attorney to get more feedback based on your situation.
Answered on Jan 16th, 2013 at 2:34 PM
If child is not named in the will then he may be able to claim that he is a "forgotten heir" and claim a share of the estate. However, if the will makes clear that the decedent did not wish to make him a beneficiary then any claim to the estate should be unsuccessful.
Answered on Jan 16th, 2013 at 2:33 PM
The answer depends on many factors such as the competency of your father, when this omitted child was born in comparison to when the will was executed, etc.
Answered on Jan 16th, 2013 at 2:33 PM
1 Award
If there is a valid Will, the Will is the presumption of your father's intent. The child can always challenge the Will's validity but this is difficult.
Answered on Jan 16th, 2013 at 2:33 PM
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Generally, any heir who thinks there was a capacity or undue influence issue that caused him or her to be left out of a will or trust can bring an action to question the document that excluded him or her.
Answered on Jan 16th, 2013 at 2:33 PM
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Possibly, if he is not mentioned and disinherited, be may possibly have rights. It depends. You should speak with an attorney about the facts of the case who can review the Will.
Answered on Jan 16th, 2013 at 2:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he is truly your father's son, then he may be able to make a claim as a pretermitted heir.
Answered on Jan 16th, 2013 at 2:31 PM
Thomas Edward Gates
If he is not in the will, he could say that he is a forgotten child and should be included. It would require him filing a motion with the court.
Answered on Jan 16th, 2013 at 2:30 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Once father has died, if the property has to go through Probate (wills usually require Probate) he could try to make a claim on the property in the Probate Court, but he may not be successful.
Answered on Jan 16th, 2013 at 2:30 PM
If he is an heir he might have a claim.
Answered on Jan 16th, 2013 at 2:28 PM