Mocksville, NC asked in Estate Planning and Probate for North Carolina

Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still married to me. I never agreed to that then. He passed away in April Intestate and trying to figure out who the legitimate children are and if the affidavit is the same as illegitimation form? Or what power the Affidavit has. He never saw the other children.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another local attorney to assist with fileing the proper paperwork.

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