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My Mom was born out of wedlock. Her birth certificate does

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My Mom was born out...
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: 2 years ago.Category: Family Law
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10/19/2015
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,893
Experience: Experienced Family Law Attorney
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What state is this in regards ***** *****?

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Customer reply replied 2 years ago
Minnesota
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Thank you; a few minutes please.

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Family Lawyer: LegalGems, Lawyer replied 2 years 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.

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Family Lawyer: LegalGems, Lawyer replied 2 years 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!

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

--------------------------------------
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!

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