Call Us Now 215-790-1095
18 Sep, 2015

Per Stirpes: Can An Illegitimate Son Inherit From My Father’s Estate?

Per Stirpes: Can An Illegitimate Son Inherit From My Father’s Estate?

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?”

Inheritance

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

Tags: Inherit, Inheritance, Probate, Probate Attorney, Probate Lawyer, Wills

What Our clients are saying

Klenk Law Logo
Stars

Jack Daniels

Can't recommend Attorney Daniella Horn and paralegal Jackie Mettinger enough. They have been incredible to work with through the administration of my aunt's estate. They are knowledgable, patient, kind, and always quick to respond, and not to mention super affordable. Thank you so much for all of your hard work. I will definitely be recommending you to anyone who needs this type of help in the future.

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Klenk Law Logo
Stars

Mark Mansfield

Been a long term customer of Klenk Law. Wills and Trusts are so important and that is their strength! They are hyper responsive to any question you may have, and you are always treated well. I feel like a part of their family when there. I feel very valued as well. Give them a try!

Klenk Law Logo
Stars

Keith Austin

The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!

Klenk Law Logo
Stars

Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

Let us put our expertise to work for you.

Free consultation within 24 hours.