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Just found out sisters husband had a child born out of wed

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Just found out sisters husband had a child born out of wed lock. He was never told about this child. He was married to my sister and they had a child together. He was killed in the line of duty several years ago. And my sister and her son received survivor benefits they also get his pension and SSI survivor benefits. Is this child born out of wed lock able to get money. He was never acknowledged. The mom said she never told him the child was his. He had a will at the time of his death and left everything to his wife and son. They lived in Ohio.
Hello and welcome to JustAnswer.

In Ohio a decedent is survived by a spouse and more than one child or their descendants, the spouse receives the first $60,000 if the spouse is the natural or adoptive parent of one, but not all of the children, or the first $20,000 if the spouse is not the natural or adoptive parent of any of the children. The spouse receives one-third of the balance of the estate and the children will receive two-thirds of the balance of the estate in equal shares. Descendants of a deceased child divide that child’s equal share.

See http://codes.ohio.gov/orc/2105.06

The U.S. Supreme Court held that the statutes that deny inheritance rights to illegitimate children violate the Constitution's equal protection clause. Prior to their ruling many states denied illegitimate children the right to inherit.

The fact that your brother was unaware of the existence of this child is not a factor.

To determine what right that child may or may not have to his pension, you would have to examine the terms of that pension program. If after reviewing the pension programs terms it is not obvious, your sister-in-law should consult an attorney.

The illegitimate child would also be entitled to the same SSI benefits that they would be as if your brother had known of the child while he was alive.

If you have any more questions, please let me know.

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Customer: replied 4 years ago.
We did check the Ohio police and fire survivor pension fund and it states that benefits will be paid to eligible children once te child's birth certificate is submitted.
Since your brother never acknowledged paternity the child will have the burden of establishing this. This is usually done through DNA testing.

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LegalEagle1 and 2 other Legal Specialists are ready to help you
I enjoyed answering your question a few days ago. I just wanted to contact you to see if you needed any further assistance.

Also if you have not yet rated my answer, please do so. This the way I receive credit for my work.

Thanks.