In the past centuries, courts didn’t accept non-marital children as inheritors, which means that children with unmarried parents received nothing from their parent’s assets. However, family law has evolved a lot, and the state now recognizes children of unmarried parents as beneficiaries or heirs.
Here’s an in-depth discussion about how inheritance works for the children of unmarried parents.
Will-Based Inheritance
If the parents leave behind a will, the children will inherit everything as long as it doesn’t violate the state laws. And yes, this also stands true for the children of unmarried parents. Any property owner can leave their assets to their children without including a paternity statement or naming the inheritor as a blood relative.
However, this only happens if the property owner creates a valid will and signs it in the presence of witnesses and lawyers. The law won’t recognize a fostered, adopted, or non-marital child without a will. Therefore, if you want your child, with a partner you never married, to get your assets, create a will today.
Trust-Based Inheritance
Many property-owners assign their assets to a trust to reduce probate costs and ensure the direct transfer of property without long waiting periods. However, when a beneficiary-owner creates a trust document, they don’t need to provide documents that specify their biological or blood relation to any person.
This means that you can easily give your property to a non-marital child, even without proving your biological relationship with them. According to the terms specified in the trust document, a child with unmarried parents can receive their assets through trust in a short period without having to challenge beneficiaries in courts.
The Probate Court’s Role
If the non-marital child is unaware of the relationship with their parents, a probate court has to step in and ask them to participate in the probate process. However, things might get complicated if the legitimate children of a person try to get the non-marital child removed from the process.
We recommend hiring a probate lawyer immediately for such inheritance-related issues or challenges. At Ledwidge and Associates, our Probate lawyer Brooklyn, estate planning Queens helps non-marital children face challenges in probate courts and get their deserved share in their parents’ assets. Reach out to us and let Joseph Ledwidge attorney guide you further.
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