The death of a parent is often a life-changing event. People who lose their parents experience profound grief and often change in their financial circumstances. Inheriting intergenerational wealth can allow people to improve their circumstances and provide a better standard of living for their own children.
Children are often the main beneficiaries included in estate plans. They are also heirs who can inherit from an estate even if their parents never drafted a will. In some cases, the death of an individual results in surprise claims during the probate or estate administration process.
Children who have lost a parent may suddenly have strangers claim that they are half-siblings and that they have a right to a portion of the estate. Do secret siblings and children born out of wedlock have a right to inherit when a parent dies?
Legitimacy does not affect inheritance rights
Contrary to what surviving adult children might assume, the circumstances of a child’s birth do not automatically eliminate their inheritance rights. An illegitimate child born out of wedlock may have the same basic rights as the children produced by a marital relationship.
However, the alleged half-siblings claiming inheritance rights have a burden of proof. They must undergo genetic testing affirming that they are the biological children of the deceased or have pre-existing documentation affirming their relationship with the parent.
A history of child support payments or paternity documents can substantiate the claims of those expecting to inherit from an estate. If they do not have genetic evidence or other documentation proving that the deceased individual was their parent, then they do not have a right to inherit from the estate.
Half-siblings can potentially request a share of the estate if an individual dies without a will. They could also sometimes contest a will, although they need valid grounds for challenging the testamentary instrument of the deceased individual.
Learning more about the rules that apply during estate administration can help families respond to frustrating and shocking claims. Families sometimes learn surprising information during estate administration, and other times, they may face fraudulent claims. People who understand the rules that apply in such scenarios may respond more appropriately and better uphold the true intended legacy of a recently deceased parent.