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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My Mom was born out of wedlock. Her birth certificate does

Customer Question

My Mom was born out of wedlock. Her birth certificate does not list a father of record. Should we be concerned about inheritance issues as we do her estate planning? She has never been in contact with the father and doesn't know who he is.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

What state is this in regards ***** *****?

Customer: replied 1 year ago.
Minnesota
Expert:  LegalGems replied 1 year ago.

Thank you; a few minutes please.

Expert:  LegalGems replied 1 year ago.

If the father has never signed any acknowledgment of paternity, and was never married to the mother, then paternity would need to be established before the laws of intestate succession would apply. https://www.revisor.mn.gov/statutes/?id=257.55 The laws re: establishment of paternity are subject to change and often aren't "grandfathered" in, so it is not preferable to rely on such statutes. Rather, an effective estate plan can ensure that only the intended people inherit. Under the state intestacy laws, any property that is not addressed in a will or trust (or by other means such as joint tenancy with right of survivorship) would go via the laws of intestate succession (https://www.revisor.mn.gov/statutes/?id=524.2-101), meaning that it typically goes to the surviving spouse, then to the surviving descendants, and then back up to the parents/siblings of the decedent. This can be avoided in many ways- either by a will, a trust, or naming pay on death beneficiaries for financial accounts, naming beneficiaries for life insurance policies, and other such means. The will can include a residuary clause where a beneficiary is named that will take all property that is not specifically addressed in the will-that helps avoid property passing via intestate succession.

Expert:  LegalGems replied 1 year ago.

Information on wills here: https://www.ag.state.mn.us/Consumer/Handbooks/Probate/Probate_1.asp

Expert:  LegalGems replied 1 year ago.

Some sample estate planning forms here: http://mn.gov/lawlib/elderforms.html

Expert:  LegalGems replied 1 year ago.

Heirship table here: https://www.ag.state.mn.us/PDF/Consumer/TableofHeirship.pdf

Expert:  LegalGems replied 1 year ago.

and sample wills located here: http://mncourts.libguides.com/content.php?pid=582372&sid=4800306. Should you have further questions please post here; if not, kindly rate positively so the site credits me for assisting you today. Thanks!

Expert:  LegalGems replied 1 year ago.

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Here is a link to locate an attorney-
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!