My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

Question

step mother co executor.  His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an inheritance. The mother of the boy was married at the time of the boys conception and led her husband to believe he was his. When they got divorced she pressed child support on him through attorney General. And had him on the birth certificate. And when my husband asked for the boy to take his last name he refused and said if that meant he wouldn't inherit anything then so be it. Does the son have any  inheritance rights to anything?

Isaac Shutt · Answer

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the will, that makes things better. If you're not, you may still have inheritance rights as the surviving wife.   
 
This is not a case for just any attorney. Seek an attorney who knows probate law.

James Clifton · Answer

If the child is granted a portion of the estate in the will, he is entitled to whatever the will states. If the child is not granted anything in the will, he is not entitled to a portion of the estate. The will controls the distribution. If a person is married after they create the will and does not change the will to include the spouse, the spouse is disinherited as to the deceased spouse's portion of the marital estate and separate property. Schedule a free consultation to figure out exactly how the estate of your husband should be distributed.

Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor