In Pennsylvania, does an illegitimate child have any right to a deceased parent's property?

Media, PA Viewed 102 times. Posted 7 months ago in Probate

My father passed away in 1982 intestate. He was not married to my mother but maintained a 20+ year relationship with her outside of his marriage. He never separated from his legal wife. He had a son from the marriage that is 17 years older than me, my biological half brother. My father was very careful to make sure there was no paper trail connecting him to me throughout my life, even my birth certificate lists father as "unknown." Since there was no will and no way to prove paternity in 1982, I never considered myself as having any rights to his estate upon my his death. However, his wife is well into her 80s now, and with DNA I could prove paternity. Would I have any right to any share of my father's estate upon his wife's death? Would I be able to contest a will? TIA - Is this your question? Add additional information

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Answers (1)

James P. Frederick

This attorney is licensed in Michigan. Posted 7 months ago.

The problem I see is that you MAY have had a right to contest your father's estate. You have no rights whatsoever, with regard to the wife's estate. You had no blood relationship with her and are not one of her heirs. The fact that she may have inherited all of your father's assets is irrelevant. The time to make your claim was in 1982. The statute of limitations on your father's estate would have passed long ago.

Having said that, if you have maintained a decent relationship with your father's widow and she is aware of your relationship to him, she may be willing to leave you something of his, upon her passing. The same thing is true if you have maintained a relationship with your half brother. I would think that this would consist primarily of family photographs and perhaps some personal items. I doubt whether they would be willing to extend this to a share of the monetary assets.

James Frederick