Losing a loved one is a heavy burden to bear. And when it comes to settling their estate, it can become even more complex and emotionally taxing. Imagine this scenario: you’re dealing with the loss of a close family member, and suddenly, someone appears claiming rights to a part of the inheritance. What do you do in this situation? While it might seem rare, it’s not an isolated incident. Illegitimate claims to an estate can occur, and experienced estate attorneys can make all the difference.

What is an Illegitimate Claim to an Estate?

An illegitimate claim to an estate is when an individual asserts a right to a portion of the inheritance that doesn’t align with the deceased’s wishes or the legal framework. This can be a challenging situation, especially when the legitimacy of the claim is disputable.

Can ‘Illegitimate Children’ Claim an Estate?

Traditionally, laws have treated ‘illegitimate’ children differently, often denying them inheritance rights. However, modern legal perspectives have evolved significantly, and these children now enjoy more equitable rights. So, the answer is yes; ‘illegitimate’ children can claim an estate, but it largely depends on the specific circumstances and state laws.

In most states, the inheritance rules are structured as follows:

  1. You have the legal right to inherit from your biological or adoptive parents.
  2. If you are a legitimate child, meaning your parents were married at the time of your birth, there is a legal presumption that the deceased individual is your lawful parent unless proven otherwise.
  3. For non-marital children, the presumption is the opposite; they are initially regarded as not having a legal connection to the deceased person. To inherit, they must provide evidence of legal parentage established before the parent’s passing.

From a legal standpoint, a non-marital child is initially considered a stranger attempting to claim a portion of the estate. They lack a pre-existing legal relationship with the family, which places them in a similar standing as any unrelated individual. It is the child’s responsibility to prove the existence of this relationship.

To establish this parent-child connection, they must rely on records, relationships, and other forms of evidence that predate the parent’s death. For instance, demonstrating that the deceased acknowledged paternity or that a pre-death DNA test confirmed this relationship is acceptable. However, attempting to initiate the grounds for a paternity test after the person’s death is generally not permissible. In other words, posthumous efforts to declare paternity based on inconclusive evidence are typically not upheld by the court.

Understanding Probate Fraud

Probate fraud or estate fraud occurs when there are fraudulent activities during the probate process, which is the legal process of validating a will. This can take several forms, including:

  • Forgery: Altering or creating false documents, especially the deceased’s will or other crucial paperwork.
  • Concealment: Deliberately hiding or withholding information related to the estate.
  • Undue influence: Manipulating or pressuring the deceased person to make decisions against their will.

Probate fraud can complicate the rightful distribution of assets and stir disputes among beneficiaries.

Signs of Estate Fraud

Estate fraud can be challenging to detect, but certain red flags might suggest its presence. These signs include:

  • Questionable Documentation: Inconsistencies or alterations in the will or other legal or estate planning documents.
  • Unexpected Beneficiaries: Surprising claims from individuals who weren’t initially designated as beneficiaries.
  • Sudden Changes: Abrupt alterations to the deceased person’s will or estate plan.
  • Lack of Transparency: Limited access to estate-related information or financial records.

How to Avoid False Estate Claims

To reduce the risk of false claims to your estate, consider these steps:

  • Comprehensive Estate Planning: Clearly outline your intentions and wishes in your estate plan.
  • Consult Legal Counsel: Seek professional legal advice from an estate planning attorney to ensure your estate plan is clear, legal, and robust.
  • Open Communication: Keep your beneficiaries informed about your estate plan and any changes.

What to Do If You Suspect Estate Fraud

If you suspect estate fraud, it’s crucial to act prudently:

  • Seek Legal Advice: Consult with experienced estate attorneys who can guide you through the legal processes.
  • Gather Evidence: Collect all relevant documents, emails, or any other evidence that can support your case.
  • Mediation: In some cases, dispute resolution through mediation might be a viable option.

Estate fraud and illegitimate claims can turn an already distressing situation into a legal quagmire. Don’t hesitate to consult an experienced estate attorney if you find yourself facing these challenges.

Protecting Your Legacy from False Claims

At Hermance Law, we understand that protecting your legacy is paramount. If you suspect estate fraud or are concerned about illegitimate claims to an estate, we’re here to provide expert guidance. Let us help you ensure that your loved one’s final wishes are honored and that your family’s interests are safeguarded. Don’t let these concerns go unaddressed – contact us today for the support and expertise you need. Your loved one’s memory and your family’s future deserve nothing less.

Skip to content