From our “Ask a Question” Mailbag: Illegitimate Child and Per Stirpes Succession

Most Recently July 21, 2018.

“After my father’s death, a man arrived claiming to be my father’s illegitimate son. The will says that my father’s estate is divided between his heirs “per stirpes.” Can this man get a share of the estate?”

Distributing Assets Safely in Gloucester County

Illegitimate Child and Per Stirpes Succession

The phrase “per stirpes” literally means “by the branch”; distributing an estate equally down the bloodline. So, if your father did not exclude this man and if he is truly your father’s son, then he gets a share of the estate. The estate can demand that he take a DNA test to prove he is your father’s son. This is possible by using your blood and that of your siblings. However, this may require a Petition and order from the Orphans’ Court. Therefore it would be wise for the Personal Representative to retain an experienced Estate Litigation Attorney.

More Probate Questions?

The illegitimate child inheritance is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Illegitimate Child and Per Stirpes Succession

I hope that this article was helpful in explaining illegitimate child inheritance. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do