sole heir must share

[txkate78]

What is the name of your state TEXAS
If my child is the sole heir of an estate, and a second child (by another woman) is born 8 mos after the death of the father, can the second child (after proving paternity via DNA) file suit against my child for a shared inheritance?

 

[nextwife]

What is the name of your state TEXAS
If my child is the sole heir of an estate, and a second child (by another woman) is born 8 mos after the death of the father, can the second child (after proving paternity via DNA) file suit against my child for a shared inheritance?

The second child may indeed have a right to file against the estate for their fair share. If there is a second child in utero, later proven to be the decedant's child, then your child is NOT the "sole" heir.

 

[latigo]

I’m sure that you are aware that under the Texas Uniform Parentage Act and the Texas Probate Code providing for pretermittent heirs, if the child was born to a woman to whom the father was married and the birth was within 300 days of his death, the posthumously born child would have been entitled to equal treatment in the distribution of the father’s estate.

There are too many unknown circumstances to say just what legal recourse is available to the omitted child now that distribution has occurred. If the person given charge of the administration of the estate was cognizant of the pregnancy and acted in someway to conceal it from the court, he or she might be held personally liable.

Whether or not the administration can be reopened and what then is a question for a Texas attorney.

But let me ask you this. Are you willing that your child shares the inheritance with the half brother or sister? Because that would be a simple and seemingly fair solution.

Sax

 

[txkate78]

sharing heiresses

Texas Uniform Parentage Act and the Texas Probate Code providing for pretermittent heirs, if the child was born to a woman to whom the father was married and the birth was within 300 days of his death, the posthumously born child would have been entitled to equal treatment in the distribution of the father’s estate.


The father died when his (and my) first, and only, child was 2 wks old. Probate has just begun. No distribution yet. A woman has now come forward claiming his paternity for her unborn child, but no DNA tests have been done yet. I was just wondering what my response should be if, in fact, DNA proves paternity. Should all distribution be put aside until the baby is born?

 

[Texas Pooh]

Was the father married to either woman?

Is there a will? Who is the executor?

Is there real property (a house) involved?

 

[txkate78]

The father was unmarried. He and I were not married but planning to be in the future. The other woman was not married to him, though she was married to another man.
There is a will but it is not updated since his divorce, don't know who the executor is.
His ex-wife got the house in his divorce some time back, so no house involved, but there is a business and other assets that were his after the divorce.