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Illegitimate children under Massachusetts wills law

I've known my father for seven years now but I was born outside of his first marriage. He is currently married to another woman after divorcing his first wife. We have a good relationship but he is seriously ill right now with cancer. I was wondering if I will be entitled to anything from his estate when he passes away under Massachusetts law? thanks.

Children born out of wedlock

The answer to your question may depend on whether your father has a will and/or an estate plan or not.  If he has a will, that document will determine whether you will take any of his estate when he passes away.  If he does not have a will (this is known as dying intestate), then the answer will depend on the intestacy laws of Massachusetts.  You can follow that link to a description of our intestacy laws under the new MA probate code.

Generally speaking, if your father's children take under the law, you will be included in that group.  The new code specifically states that, when considering who should take from an intestate decedent, all children will be treated equally, regardless of whether they were born out of wedlock or not. See Massachusetts General Laws Chapter 190B, Section 2-114(a). If your relationship to your father has not been legally established, then you  can bring a paternity action under Massachusetts General Laws Chapter209C.  Hope that helps.

 

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