Illegitimate Son Wins $2+Million in Spanish Probate Case: 5 Guidelines for “Illegitimate” Children & Heirs

Do so-called “illegitimate” heirs or children inherit from their parents’ estates? A recent story out of Spain reveals that anillegitimate son of a wealthy Spaniard just won an estate lawsuit to inherit money.  What can such children born out of wedlock learn from this probate lawsuit?

1. Non Marital Children.  Children born out of wedlock used be referred to as “illegitimate” or “bastards”, but are now referred to as “non marital children” by probate lawyers and probate courts.  The law does not necessarily look on them differently just because they were the product of a union not blessed by the Church or a local government.  A son is a son; a daughter = a daughter.
2. Changing Societal Attitudes.  Years ago, and as this Spanish probate lawsuit suggests, fathering a child with an employee or “servant girl” was considered scandalous.  While non marital affairs may continue to be a scandal, society, and the law , have recognized that the focus should not be “who’s zooming who”, but rather how we, as a society, care for this child.
3. Parental Rights & Obligations. If the child is yours, the law imposes obligations on you: support obligations.  It doesn’t matter if you have another family or the person with whom you had this child is not from the same socio-economic background.  Parental rights can only be terminated after a hearing in a court of law and typically when another person will “pick up” those obligations.
4. Non Marital Children’s Inheritance Rights. One of the biggest mis-perceptions is that every child has a right to an inheritance  Not so.  Our parents are entitled to dis-inherit us as long as they know what they are doing.  But… most state probate laws provide for an inheritance to “heirs” if there is no will, or no will can be found , or, if a will is found, but is shown to be invalid.  So, you see a lot of will challenges, or will contests, and “intestacy” proceedings in probate court.   Non marital children –those born out of wedlock or to a mistress or lover, or a child created with someone “outside” the immediate or present “family”.  But check local law for laws and rules when paternity may be questioned.
5. Family Trust Beneficiarie$$.  Here’s the kicker, and, perhaps, the dollar signs.  If a parent of a non-marital child has created a family trust to benefit “heirs”, “my children” or similar trust beneficiaries, you inherit absent very specific language in the trust document which excludes you or non marital children.  But check local law to see if “adopted” or non marital children are considered “heirs.”  Remember: trusts are not just for the wealthy.  Revocable or living trusts are a part, now, of a basic estate plan along with wills, POA’s, and health care documents.

Bottom line:  although you may be dis-inherited, there may be significant inheritance rights under certain circumstances.  Don’t assume you don’t inherit just because you haven’t seen your mom or dad in years, or that they did not want a relationship with you.