My spouse of 28 years recently passed away and died intestate. We had two children together -- now ages 25 and 28. After opening succession, I get a call out of the blue from someone claiming to be a child of my husband. This individual is approximately 30 years old and is NOT disabled. Assuming this person could prove that she is a child of the deceased, is she entitled to any of our community property should I remarry? Or does the forced heirship rules apply and this individual would not be eligible for anything? Thanks.
PS -- we live in Louisiana.
Well, I still would like to know the following: He died intestate, his alleged illigitimate child is 30 years old. If proven to be his child, is the child no longer a forced heir b/c she is over 24? Would he have had to have a will to disinherit her specifically? Thanks.
P.S. I will accept your answer shortly. Many thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).