Is there a statute of limitations to how long my late husband’s baby mama can come after me for inheritance?

[Center4473]

What is the name of your state? My ex husbands daughter and her mother live in New Mexico. At the time of his death my husband and I lived in California. I currently live in Washington.



My husband had an affair baby with an old high school girlfriend while we were back home visiting. I was going to divorce him after I found out, but he died before we got to it. I inherited everything of his and just moved on with my life.

It’s been over 12 years since then. I recently went back to our hometown for a school reunion which now I’m thinking was a mistake because it put me back on his baby mamas radar. She heard about me being back in town, but thankfully I never ran into her while I was there. I did hear from an old friend though that she had been trying to get in contact with me since she had learned about my husbands death (which was only a few years ago) and she wants to get what her child is owed. I can only assume by that she means money.

To be honest I never considered her or her daughter after my husband died. I was really just focused on myself. I did some research about it and now I’m wondering if she can try to get an inheritance from me for her daughter after all this time. I was the only person named in my husband’s will, but now as far as I understand it minor children automatically inherit from a deceased parent?

I would just like to be prepared should she somehow get in contact with me. Further more was there a requirement on my part to inform this woman of my husband’s death?

 

[zddoodah]

I inherited everything of his and just moved on with my life.

Did your husband's estate go through probate? Did your husband's will make any mention of the daughter's existence?

It’s been over 12 years since then. I recently went back to our hometown for a school reunion which now I’m thinking was a mistake because it put me back on his baby mamas radar. She heard about me being back in town, but thankfully I never ran into her while I was there. I did hear from an old friend though that she had been trying to get in contact with me since she had learned about my husbands death (which was only a few years ago) and she wants to get what her child is owed.

I'm confused about the timeline. You wrote that "It's been over 12 years since then." From context, "then" appears to refer to the time when you "inherited everything . . . and . . . moved on with [your] life." That implies that your husband died at least 12 years ago. However, the highlighted language above suggests otherwise. Therefore, please provide the following dates (month and year will suffice):

- Date of your husband's daughter's birth.
- Date of your husband's will.
- Date of your husband's death.
- Date of initiation of probate (if any).
- Date on which probate (if any) was closed.
- Date on which your husband's daughter/her mother became aware of your husband's death.

now as far as I understand it minor children automatically inherit from a deceased parent?

That's not correct. However, you might want to google "pretermitted child california" and read some of the results.

I would just like to be prepared should she somehow get in contact with me. Further more was there a requirement on my part to inform this woman of my husband’s death?

Maybe. Depends on the answers to the questions I asked above.

 

[LdiJ]

What is the name of your state? My ex husbands daughter and her mother live in New Mexico. At the time of his death my husband and I lived in California. I currently live in Washington.



My husband had an affair baby with an old high school girlfriend while we were back home visiting. I was going to divorce him after I found out, but he died before we got to it. I inherited everything of his and just moved on with my life.

It’s been over 12 years since then. I recently went back to our hometown for a school reunion which now I’m thinking was a mistake because it put me back on his baby mamas radar. She heard about me being back in town, but thankfully I never ran into her while I was there. I did hear from an old friend though that she had been trying to get in contact with me since she had learned about my husbands death (which was only a few years ago) and she wants to get what her child is owed. I can only assume by that she means money.

To be honest I never considered her or her daughter after my husband died. I was really just focused on myself. I did some research about it and now I’m wondering if she can try to get an inheritance from me for her daughter after all this time. I was the only person named in my husband’s will, but now as far as I understand it minor children automatically inherit from a deceased parent?

I would just like to be prepared should she somehow get in contact with me. Further more was there a requirement on my part to inform this woman of my husband’s death?

Since your husband did not die Intestate (since he had a will) the provisions in the law for his child(ren) to automatically receive a share of his estate do not apply. If paternity was established she was able to collect SS Survivor's benefits for her child but unless he had arrearages for child support his estate would not have been obligated for anything else. Anything that passed to you outside of his estate (joint ownership or as a beneficiary) would not factor in at all in any circumstance.

 

[Zigner]

Since your husband did not die Intestate (since he had a will) the provisions in the law for his child(ren) to automatically receive a share of his estate do not apply. If paternity was established she was able to collect SS Survivor's benefits for her child but unless he had arrearages for child support his estate would not have been obligated for anything else. Anything that passed to you outside of his estate (joint ownership or as a beneficiary) would not factor in at all in any circumstance.

Ouch - you really should have researched this first. If kiddo wasn't mentioned in the will at all, especially if it's because kiddo was born after the will was made, then kiddo may be entitled to whatever he would have been entitled to had dad died intestate.

 

[Center4473]

Did your husband's estate go through probate? Did your husband's will make any mention of the daughter's existence?




I'm confused about the timeline. You wrote that "It's been over 12 years since then." From context, "then" appears to refer to the time when you "inherited everything . . . and . . . moved on with [your] life." That implies that your husband died at least 12 years ago. However, the highlighted language above suggests otherwise. Therefore, please provide the following dates (month and year will suffice):

- Date of your husband's daughter's birth.
- Date of your husband's will.
- Date of your husband's death.
- Date of initiation of probate (if any).
- Date on which probate (if any) was closed.
- Date on which your husband's daughter/her mother became aware of your husband's death.




That's not correct. However, you might want to google "pretermitted child california" and read some of the results.




Maybe. Depends on the answers to the questions I asked above.

It did go through probate. His daughter was not mentioned in the will. He died around 12 years ago. His daughter’s mother only found out he died a few years ago apparently. I don’t know exactly when. The will was done maybe two years before that. I’m sorry but I don’t know the exact months for probate, but it was all handled before the anniversary of his death.

I don’t know the date his daughter was born. I didn’t keep in touch with him about that. I’m assuming sometimes in 2011 since he died in Jan of 2012 and she was born before he died.

 

[Zigner]

Then his daughter may have a legitimate claim. Beyond that, there's not much else that can be said. It's unfortunate that the administrator of the estate didn't do (ok, may not have done) the appropriate due diligence.

 

[zddoodah]

If the sequence of events was: will created > child born > husband died, then the child is/was a pretermitted heir, UNLESS the will expressly omitted unknown or not-yet-born children. Did the will have any language like that?

If not, then there's at least some risk. You asked about a statute of limitations, but the SOL for a claim running in favor of a minor generally does not start running until the minor reaches the age of majority.

If there was a formal probate and you had given notice, then you'd be clear, but for now, you'll just have to wait and see.

 

[LdiJ]

It did go through probate. His daughter was not mentioned in the will. He died around 12 years ago. His daughter’s mother only found out he died a few years ago apparently. I don’t know exactly when. The will was done maybe two years before that. I’m sorry but I don’t know the exact months for probate, but it was all handled before the anniversary of his death.

I don’t know the date his daughter was born. I didn’t keep in touch with him about that. I’m assuming sometimes in 2011 since he died in Jan of 2012 and she was born before he died.

Who was the executor of the will?