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Illegitimate daughter

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anboleyn

Junior Member
I am the 56 year old illegimate daughter of my Texan father who died in December 2007. Although illegitimate, my father and I were in constant contact by either e-mail or phone. We had a good relationship. I am the eldest of his children. His wife of over 56 years does not know of my existence. My father had implied that I would be contacted if ever anything happened to him. I wasn't contacted and found out by accident of his death. What I would like to know is how can I find out if I was ever mentioned in his will - if he had one? How can I find out anything in relation to me? Perhaps he left a letter? He had wanted me to visit just before his death. Do I have any rights? Thank you.
 


JETX

Senior Member
I am the 56 year old illegimate daughter of my Texan father who died in December 2007. Although illegitimate, my father and I were in constant contact by either e-mail or phone. We had a good relationship. I am the eldest of his children. His wife of over 56 years does not know of my existence. My father had implied that I would be contacted if ever anything happened to him. I wasn't contacted and found out by accident of his death. What I would like to know is how can I find out if I was ever mentioned in his will - if he had one? How can I find out anything in relation to me? Perhaps he left a letter? He had wanted me to visit just before his death. Do I have any rights?
Depends. If he mentioned you in his will, you have rights. If he didn't have a will (intestate), you have 'rights' if you can prove your relationship. If he had a will and didn't name you, you probably don't.

Contact the probate court in the county where he lived and see if a file has been opened.
 

Dandy Don

Senior Member
Yes, checking at the county courthouse probate court is a good place to start.

If there is nothing at the courthouse, it is possible that his assets may be in a trust, which is administered privately, for which there will be no public record. You may want to do an online search in the newspaper of the city where he lived to see if you could find an obituary notice that might mention the names of family members other than the wife whom you may want to discreetly contact to find out if you are perhaps listed as a beneficiary in a possible trust and perhaps the family member could put you in contact with the trustee. Did your father know your address so that someone could contact you if necessary?

DANDY DON IN OKLAHOMA ([email protected])
 

anboleyn

Junior Member
Yes, checking at the county courthouse probate court is a good place to start.

If there is nothing at the courthouse, it is possible that his assets may be in a trust, which is administered privately, for which there will be no public record. You may want to do an online search in the newspaper of the city where he lived to see if you could find an obituary notice that might mention the names of family members other than the wife whom you may want to discreetly contact to find out if you are perhaps listed as a beneficiary in a possible trust and perhaps the family member could put you in contact with the trustee. Did your father know your address so that someone could contact you if necessary?

DANDY DON IN OKLAHOMA ([email protected])
Hi Dandy Don,

Yes my father knew of my address and contact numbers. This was a delicate situation as he was a 'respectable' married man...:) and in 1951 was scandulous to be married with a child by another woman. I doubt that I would be able to find out through his family as his first born (son) of that marriage is 2 years younger than me and living with his mother.
Thank you for your information and reply. Very much appreciated.
 

Farfalla

Member
It does not matter if you are 'illigitimate' you are his child.

You can check the public records in the county where he lived reference a will and probate. Most places have basic court record search engines online. That's where I'd start.

You probably need to get an attorney to sort this out for you. It is very likely that you are entitled to an inheretance.
 

nextwife

Senior Member
I t is very likely that you are entitled to an inheretance.
We don't even know if there IS any inheritance!

I was the non-estranged, non-illegitimate daughter of my dad, and there was no inheritance. Many long term couples leave everything to each other.
 

mike_lee

Member
I think we now say out of wedlock. illegitimate has an ugly edge to it and implies that you are somehow not important.
 

las365

Senior Member
Illegitimate is a perfectly useful and descriptive word, and one that OP apparently feels comfortable with. She could easily have used the phrase "out of wedlock," but didn't.
 

anboleyn

Junior Member
I think we now say out of wedlock. illegitimate has an ugly edge to it and implies that you are somehow not important.
Illegitimate is the correct word to use in my case. Out of wedlock has to be wrong regarding me because he was in wedlock with another and not my mother making me illegal. Therefore illegitimate is correct. I was not important enough for my father to do for me what he did for his other two children. I e-mailed the court regarding probate and wills but have had no response to date. I do not even know if I am on the correct site. I must add that I am living in the UK. The area my father lived was Texas.
I know his daughter was 'doing' his taxes back in March. She mentioned no will when I asked if he left me a letter. She just apologized for having everything and me having nothing. At this time she didn't know anything about me and that statement has made me wonder if there was anything. I am so sure that my father would have 'made it up to me.'
This is quite complicated to write about.
 

mike_lee

Member
I don't care about the political correctness of the issue and I'm not arguing with you I would like to further state my case if that's OK.

I'm saying using that word in the courts will work against you on a subconscious level since the last law that denied these children equal rights was struck down as recently as 1977 older judges are going to hear the word and make assumptions. In common law an illegitimate child was not entitled inheritance. Why lead someone down that dusty old road when you can minimize any lingering discrimination by using a word that doesn't have all that baggage? If you don't like out of wedlock their is "nonmarital child" (which smacks of political correctness)
 

Dandy Don

Senior Member
Just wondering--is he named as your father on your birth certificate? Do you have personal letters (handwritten) to you by him?

The good news for you is that Texas Probate Code Chapter II. Descent & Distribution, Section 42, Inheritance Rights for Children, says:

(b) Paternal Inheritance. A person claiming to be a biological child of the decedent. . .may petition the probate court for a determination of right of inheritance. If the court finds by clear and convincing evidence that the purported father was the biological father of the child, the child is treated as any other child of the decedent for the purpose of inheritance and he and his issue may inherit.

Please mention the man's name here and what city he lived in/died in so I can tell you what county to search in.

Since many Texas counties have their records online, check about once every two weeks for the county clerk records or probate court records for whatever county he died in to see if anyone has filed to open up probate. If they haven't done so within the next 2 months, if I were you I would be consulting a probate attorney to see if you could open up probate yourself.


DANDY DON IN OKLAHOMA ([email protected])
 
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anboleyn

Junior Member
Just wondering--is he named as your father on your birth certificate? Do you have personal letters (handwritten) to you by him?

The good news for you is that Texas Probate Code Chapter II. Descent & Distribution, Section 42, Inheritance Rights for Children, says:

(b) Paternal Inheritance. A person claiming to be a biological child of the decedent. . .may petition the probate court for a determination of right of inheritance. If the court finds by clear and convincing evidence that the purported father was the biological father of the child, the child is treated as any other child of the decedent for the purpose of inheritance and he and his issue may inherit.

Please mention the man's name here and what city he lived in/died in so I can tell you what county to search in.

Since many Texas counties have their records online, check about once every two weeks for the county clerk records or probate court records for whatever county he died in to see if anyone has filed to open up probate. If they haven't done so within the next 2 months, if I were you I would be consulting a probate attorney to see if you could open up probate yourself.


DANDY DON IN OKLAHOMA ([email protected])

Hi Dandy Don,

Williamston County I believe is the area. I cannot really post his name. I have 'Happy Birthday Daughter' cards signed by him plus photographs.

I am making this a quick reply as my pc was down all day after I posted a reply last night to MIke_Lee. MY post wasn't posted or removed?

Many thanks for all replies.
 

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