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    BizELady's Avatar
    BizELady Posts: 1, Reputation: 1
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    #1

    May 3, 2010, 10:04 PM
    Which children receive inheritance
    A married woman gives birth to 4 kids durin marriage- all of which get husband's last name. In divorce, it clearly states that 2 of the kids are NOT husband's. Ex-husband dies in GA, w/o a will. Which children will receive the inheritance?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    May 4, 2010, 06:00 AM

    If two of the children are not his, then it seems that those two are cut out, and the estate is split between the two that are his. This could be an interesting legal fight if the birth certificates of all four children show the ex-husband as the father. I would guess that a paternity test may be needed to settle it. But once it's determined that the two are indeed not his, then they are cut out of his estate, even though they took his name and were all raised together as a family. The attorney for his two biological children would argue that if the ex-husband intended to include the other two in his estate, he would have had a will drawn up to make it clear. Failing that, the ex-husband in effect made a decisoin to let the laws of GA prevail.

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