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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Please, South Carolina, Spartanburg County, no, This is

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: South Carolina, Spartanburg County
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is concerning probate
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
According to South Carolina Probate court in Spartanburg county, I am considered an illegitimate child due to my father not being married. My mother and father were together for over 20 years. When I was born, my father was incarcerated but him and my mother added his name to my birth certificate about 4 years ago because he thought this way I wouldn't have any issues if anything happened to him. Well they had to sign a notarized paternity acknowledgment affidavit, does this prove legitimacy?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under SC law, that child born out of wedlock is also a child of the father if: (i) the natural parents participated in a marriage ceremony either before or after birth, even if the attempted marriage is void or (ii) paternity is established by adjudication either before the father’s death or within the proper time period after death. See: SC Code 62-2-109 d.
So, you are still the child of the father and SC does not prohibit inheritance although the state still uses the antiquated term of "illegitimate" for any child born out of wedlock. So your father's paternity is established by his signing the document acknowledging paternity, it is just the fact he was not married to your mother at time of birth that makes them label you illegitimate.
Customer: replied 1 year ago.
should I be able to open his estate with just my birth certificate or do I have to have the affidavit subpoenaed bc vital records said that's the only way they would provide it
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You would have to have the affidavit subpoenaed to prove that your paternity was acknowledged if they will not accept your birth certificate with his name on the birth certificate. You should be using a local probate attorney though to open probate if you will need to subpoena the affidavit though.