Inheritance Issues and Unmarried Parents

Inheritance Issues and Unmarried Parents

As part of planning for the future, wills ensure a person’s wishes are carried out as intended. For married couples, a will also allows for distribution of assets to a spouse and the children produced as part of that married union. However, when parents are not married, and one of them passes away without a will in place, inheritance issues can prove contentious and challenging when attempting to prove what the parents’ wishes were prior to his/her death.

“Whenever a parent dies without a will in place, there are default procedures that take effect; however, these procedures can still be questioned by surviving children or siblings who may feel that any default distribution is inequitable or unacceptable. This is just another reason to discuss your asset-distribution intentions with an experienced family law attorney who can help to make sure you have a will in place,” said Norman Green, Senior Partner at Green & Metcalf of Vero Beach, FL.

Wills are the most common ways that children can inherit from their parents, along with trusts and other legal documents that also detail a person’s final wishes. These documents may not require proof of biological relation, as the connection is often described in the document. In cases where there is no will or trust in existence, as may be with unmarried parents, inheritors may need to provide legal proof of their blood relation in order to be awarded a percentage of the assets in question.

“Without a will or trust in place, biological children may be forced to prove their relation to the deceased parent. The same can be true for children who may have been adopted during the course of the parents’ relationship. If you find yourself in this situation, an experienced family law attorney can help sort through the documentation required by the court in order to pursue and receive an inheritance,” Green said.

Norman A. Green is the founder and a partner of Green & Metcalf - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).