Left out illegitimate daughter

[AnnetteP]

What is the name of your state? Virginia

Since you may be able to answer my questions without all the background, they are as follows:

1. Under Virginia law, is an illegitimate child entitled to contest biological parent’s will if that child is not mentioned at all in the will?

2. How would I go about obtaining a copy of the will to find out if I was or was not mentioned?

3. How much time does someone have to contest/dispute a will?

4. Will I have to have a great deal of money up-front to contest/dispute the will?

Now, if you need a little background:

I was born the illegitimate child of “Jack Doe” 34 years ago. According to my mother, there was a court hearing at some time, brought by the child welfare agency, as to who my bio-father was. There was never a blood test proving paternity and I do not believe any was ever established by the court. This was an attempt by the government to recoup money paid in welfare. My mother never tried to get child support from any of our fathers (3 illegitimate children, 3 different fathers).

I contacted Jack by letter approximately eight years ago. He contacted me by phone and stated that yes, he was my father. We subsequently met at his place of business and went out to lunch. That meeting lasted approximately three hours. I have had no contact with him since.

Jack recently passed away. He owned two businesses and at least two homes. His obituary listed five children (I, of course, was not mentioned), a wife (who met and knew about me), and a few brothers and sisters. I do not know for a fact that a will exist; but I am assuming one does, considering his assets.

Any help or advice you can give is greatly appreciated.

Thanks,
Annette

 

[BelizeBreeze]

1. Under Virginia law, is an illegitimate child entitled to contest biological parent’s will if that child is not mentioned at all in the will?

Legitimacy is important because an illegitimate child can only share in the father’s estate if provided by his will. Under the case you you described, you have no valid claim to any portion of his estate if not specifically mentioned in the will.

2. How would I go about obtaining a copy of the will to find out if I was or was not mentioned?

You can call the Probate Court in the county where he died. If probate has begun then the file is public information.

3. How much time does someone have to contest/dispute a will?

Bill to Establish or Impeach a Will. If a question is raised as to the validity of a will that has been probated, a bill to establish or impeach the will may be filed with the court by an interested party. The court may require that all documents that may constitute the will of the decedent be produced at the trial. Evidence is presented with a jury determining if any of the documents provided constitute the will of the decedent. The suit must be brought within one year of the date the first will was probated and must be brought in the court where the first will was probated. The one year statute of limitations is extended in the case of minors or incapacitated persons.

Probate of Later Will. There is no statute of limitations for probate of a later will (a will dated after a the date of a will already probated or perhaps no will was probated previously). The clerk or court will probate the later will. Although the probate of a later will not by law affect a good faith purchaser of real property from the devisees under the previously probated will or intestate succession (if there was no prior will probated), it can affect the disposition of personal property based on the prior will or intestate distribution.

4. Will I have to have a great deal of money up-front to contest/dispute the will?

That depends on which attorney you ask. As I see it, until you know for sure if you are mentioned in the will or not, you have no dog in this fight and it's worthless to pursue any claim against the estate.

The first step is to consult with your mother about any back child support that is owed her of if the state OR her ever received an order from the court for child support. If not, then it's over with.

If yes, then who? If it's the state, then THEY have a claim against the estate. If mom, then SHE has a claim against the estate so SHE should consult an attorney.

 

[seniorjudge]

In most jurisdictions, a person making a will is not required to include anyone, except a spouse and minor children.

Your father could've left everything to a charity and that would've been okay if he had no spouse or minor children.

 

[AnnetteP]

Thank you for your replies and information.

Annette