JustAnswer > Estate Law
Ask A Question|Register|Login|Help
JustAnswer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

Have your own Estate Law question?

2 Estate Lawyers are Online Now
characters left:
Not an Estate Law Question?

Related Estate Law Topics:

  • Law
  • ,
  • Son
  • ,
  • Two
  • ,
  • Died
  • ,
  • Fact
  • ,
  • Left
  • ,
  • Part
  • ,
  • Time
  • ,
  • Wife
  • ,
  • Birth
Bookmark and Share

Question

I never had a relationship with my father. I am the product of an extramarital affair he had 21 years ago. He died two years ago, but his wife is still alive. Do I have the right to inherit a part of his estate?

Submitted: 315 days and 5 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
+
Read More

Optional Information

You might need to know...., Minnesota

Already Tried:
I live in minnesota, and so did he before he died.

Posted by David Kennett 315 days and 5 hours ago.

Answer

Dear XXXXXXXXXXXX - Not if he left a will and it went to someone else. If he died intestate then you would be entitled to share in the estate. You would need to check the probate records in the county where he resided at the time of death to see if a will was ever filed. If not you can make a claim for a portion of his estate assuming there was never anything filed two years ago.

 

David Kennett - JD - Attorney at Law

315 days and 4 hours ago.

Reply

So if he left a will, and I wasn't in it then I don't get anything plain and simple? Can I contest that in court? And if so, does the fact that I am his son who he abandoned at birth make a foundation for a reasonable argument that I deserve a part of what he owned?

What is the name of the place where probate records are kept?

Accepted Answer

If he left a will and you were not in it you have no right to inherit as he is not required to leave anything to children. Only his wife could contest being left out of the will. The place to look for the probate records is the probate court in the county where he resided at the time of his death. That is where the estate would have to be filed.

 

Dave

Picture
Expert: David Kennett
Pos. Feedback: 99.6 %
Accepts: 1070
Answered: 5/9/2009

Attorney

25 years practicing attorney

+
Read More

Related Estate Law Questions

  • my lawyer informed me i've been affirmed as my mother's (dec...
  • My sister has the power of attornet for my parents and I do
  • before my mother died she had taken out an insurance policy
  • RE: Contesting an irrevocable trust... My son was adopted in
  • What legal publications or services are available for findin...
  • I live in a community property state. I was married to my sp...
  • My mom is on Medicaid in the State of Illinois and she has
  • my mom is on medicaid and just surrendered life insurance po...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2010 JustAnswer Corp.