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How does establishing paternity impact inheritance rights?

On Behalf of | Aug 9, 2024 | Family Law

Establishing paternity is a legal step that determines a child’s father. In high-net-worth divorces, this process carries significant weight, as it can directly impact inheritance rights. Without legal paternity, a child may face challenges in claiming their share of the family’s wealth.

Impact on inheritance rights

When a father establishes legal paternity, a child gains the right to inherit from them. In high-net-worth families, this can mean the difference between securing a significant inheritance or losing out on the estate. Virginia law ensures that children of divorced parents have the same inheritance rights as those born to married couples. This includes assets like real estate, investments, and family businesses.

Contesting paternity and its effects

In some high-net-worth divorces, disputes may arise over paternity, especially if there are questions about the child’s parentage. If paternity is contested and not established, the child may lose the right to inherit from the alleged father. This situation can lead to lengthy legal battles and complicated estate issues. On the other hand, if paternity is confirmed, the child secures their legal claim to the father’s estate.

Legal considerations for high net worth families

High-net-worth individuals often have complex financial situations, with various assets that can be subject to inheritance claims. Establishing paternity ensures that a child can inherit according to the father’s wishes or Virginia’s intestacy laws if no will exists. Without this legal recognition, inheritance disputes can become more complicated, potentially reducing the estate’s value due to legal fees and prolonged litigation.

Establishing paternity is necessary to protect a child’s inheritance rights. Taking this step ensures that the child receives their fair share of the family’s wealth, avoiding future legal conflicts and securing their financial future.