Q: Daughter Pregnant By Man Who Lived In Ark He Died This Year His Estate In Probate Which Ends 12/31/23 Baby Is Due Jan
She Lives In Tx, Baby Due Jan 2024
Does She Need To Contest The Probate In Both Ark & Tx
A:
It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the estate assets. Your daughter definitely needs to consult an attorney who practices in the area of probate law in or near the county where the man's probate case is currently pending.
If an estate has significant assets, most probate lawyers recommend not closing probate for at least a year because creditors of the decedent have that long to make a claim. Otherwise, the executor or heirs of the decedent could be sued for unpaid debts. That's not an issue if the decedent died owning no non-exempt asstes.
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