Post Tagged with: "Legitimacy of Children"

Legitimacy of Children and How It Affects Inheritance

August 3, 2015 at 6:03 am Comments are Disabled

Child Legitimacy in St. George, UtahState laws differ when it comes to the treatment of children’s inheritance in relation to their status and legitimacy. While these same laws try their best to treat all children with care and fairness, it’s undeniable that some children are more favored in recognition of their status as legitimate children.

Any seasoned attorney in St. George, Utah, such as thehuntsmanfirm.com, can tell you the stark differences between illegitimacy and legitimacy. Still, in the interest of education and better understanding, here are children’s legitimacy rules and how succession laws differ.

Legitimate Children

Legitimate children are the natural born offspring of legitimately married couples. They are the children borne out of a valid, legitimate and existing marriage. This means that, basically, the time of conception is irrelevant; what is important is that they are born during the marriage.

Under the laws of succession, legitimate children enjoy the full portion of the inheritance or reserved portion meant for children. When it comes to succession, both the legitimate children and legally adopted children enjoy the same rights as legitimate children. Legitimate children share half of the estate. This is not to be prejudiced in any way.

Illegitimate Children

These children are the ones born out of wedlock. They may be in this status for several reasons. The most basic is that their parents are not married. Another is that their parents are not capable of marrying. It may be due to an existing marriage for any or both of the parents, or it may also be due to the minority of one or both of the parents. The basic principle is that illegitimate children will only get half of whatever a legitimate child will get. Usually, those born of simulated births and are informally adopted children are treated as illegitimate children. In worst cases, some laws even treat them as strangers.

If you find yourself having difficulties in computing or accounting for your estate, make sure that you consult with a well-experienced attorney in St. George, and ultimately, to protect your legacy for your children.