[SHELBYMORGAN]

He was in the army when he got my 17 year old mother pregnant in another state,he's never been made to pay child support(which I know it's too late for that) but I have struggled my whole life, and he knew I existed and didn't deny it.
I've searched for years and have just located him thanks to the internet! I would say he has a valid will to protect his other family, so if he does is there anything I can do as far as inheritance? There has never been a DNA test, but I know this is the right person,

I believe he married his wife in Korea and that's where his other daughter was born,then they all moved back to Texas and all remain together

He has done everything for his other daughter, while I have done without. My mother was always ill, and she couldn't do a lot for me even though she tried. I can't believe that with my mother being 17 and him being in the army that he was able to just walk away
Please give me some advice,
Thank you

[AK lawyer]

No, you would not be entitled to inherit, will or no will.

[Fr_Chuck]

When he dies, you can challenge the will. And contest it.

If he has a will and you are not named at all, and you can prove he knew about you and was your father, there is a chance in some states that you may get a share. In other states no. I know in some states, all children have to be listed, even if they get nothing or only a dollar, in other states, only those listed will get what is given, those left out, get nothing.

So you need to start buiding this, first have you contacted the man, and talked to him at all

Also not up on Texas, assuming that is where you mom lives, but many states require child support though college if the child is going to school, so your mom depending on the laws of her state could still file for support if your state allows support though college and you are in college.

[AK lawyer]

... I know in some states, all children have to be listed, even if they get nothing or only a dollar, ...

Old wives' tale. Illegitimate chidren don't have the right to inherit unless they are named in a will.

Also not up on Texas, assuming that is where you mom lives, but many states require child support though college if the child is going to school, so your mom depending on the laws of her state could still file for support if your state allows support though college and you are in college.

First, as to child support, I question whether Texas would even have in personem jurisdiction. As far as we know the putative father has no minum contact with that state.

[GV70]

Old wives' tale. Illegitimate chidren don't have the right to inherit unless they are named in a will.

What???

Until 1991, illegitimate children did not inherit from their parents. In that year, the Texas Supreme Court, following an earlier ruling by the U.S. Supreme Court held that the statutes that deny inheritance rights to illegitimate children violated the Constitution's equal protection clause.the Supreme Court said "(t)he legal status of illegitimacy is, like race or national origin, a characteristic beyond an individual's control, and it bears no relation to the individual's ability to participate in and contribute to society...thus, a statutory classification based on illegitimacy violates equal protection unless it is substantially related to an important governmental interest." Finding no substantial government interest in denying inheritance rights to illegitimate children, the Supreme Court declared the statute unconstitutional."
The current Probate Code provides that illegitimate children inherit from their parents and other ancestors and descendants to the same extent as legitimate children.
PROBATE CODE
CHAPTER II. DESCENT AND DISTRIBUTION
§ 42. INHERITANCE RIGHTS OF CHILDREN.
A person
Claiming to be a biological child of the decedent, who is not
Otherwise presumed to be a child of the decedent, or claiming
Inheritance through a biological child of the decedent, who is not
Otherwise presumed to be a child of the decedent, may petition the
Probate court for a determination of right of inheritance. If the
Court finds by clear and convincing evidence that the purported
Father was the biological father of the child, the child is treated
as any other child of the decedent for the purpose of inheritance
And he and his issue may inherit from his paternal kindred, both
Descendants, ascendants, and collaterals in all degrees, and they
May inherit from him and his issue.

[JudyKayTee]

This is not correct in NY (which I appreciate is not Texas). If you have knowledge or a child or acknowledge a child and die with or without a will the child can sue for his/her part of the estate. The "knowledge/acknowledgement" part of this is usually the difficult part but this is NOT uncommon in NY.

There is also the "I specifically do not provide ..." clause, however, in a written will.

[JudyKayTee]

I have no need to explain but I just saw this.

I am hoping your name was left out in error and no jab was intended at you - don't think this is Kitkat's style (from what I know of her).

As a side note, you've corrected me a couple of times on Legal Things. She may not know that!

I felt the jab was at someone else. Let's all try to figure out just who that might be...

Thinking.

[this8384]

You win! No I'm not as educated as you. I thought I could learn something here. I have asked the mods to ban me from this forum. I am not a College graduate and there are some very smart people here. If they do ban me, I won't be able to get back on this forum. I think I'm not needed here, so you win.

... there was never a contest, so I'm confused by the "you win" comments.

If you want to learn, that's great. As I told you earlier, I didn't know very much about the law when I first signed up. In fact, I'm not a college graduate either and yes, there are some very smart people here. Having a degree doesn't mean you're smart, it means you went to school.

I never said you weren't needed here but from what I've seen, each time you post on a law board, you give a "feelings" answer - you tell someone that you sympathize for them, or bond with them emotionally. As I already explained to you, the answers on the Law Board must conform to the Law.

I tried to keep this conversation private after your comment to me on the other board; you dragged it out into the public on this thread. So be it. I hope you are not banned and that you can learn what you're looking to learn. But I am still insulted by your comments and insinuations, which you don't seem to feel were out of line.

Perhaps if the shoe was on the other foot, it wouldn't be so easy to shrug it off.

[Fr_Chuck]

I have cleaned this up,

A couple of issues
We are here to answer the OP question, not argue among ourself,

Next laws do vary greatly by state esp in probate issues

Next if the law is not always black and white as we try to make it sound, if it was, there would be no need for attorneys to fight and argue both sides, ( each saying they are right)

[twinkiedooter]

Question to the OP. Why are you concerned if he made a will or not if he's not dead? Is this man a millionaire or something that you would even consider this option of inheriting something from him?