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Atlanta Estate Planning, Wills & Probate | Siedentopf Law

Video: Do You Have To Be Legitimated In Order To Be An Heir?

Do you have to be legitimated in order to be an heir?

In Siedentopf Law’s latest video, estate planning and probate attorney Sarah Siedentopf answers the question, “Do you have to be legitimated in order to be an heir?”


Hi, I’m attorney Sarah Siedentopf. I’m an estate planning and probate attorney in Atlanta, Georgia. Recently, I got a question about whether you need to be legitimated in order to inherit from an estate. This was asked to me by an attorney, so I know if attorneys don’t know the answer to this, that other people are wondering about it as well. The answer to that is no. You do not have to have been legitimated, you just actually have to be the child of the person who has passed away in order to be an heir of their estate.

So, if your significant other has a child from a past relationship, that child is an heir regardless of whether they actually signed the birth certificate or legitimated the child later. So, you do not have to be legitimated in order to be an heir of an estate. If you’ve got an issue and more questions about this, please give me a call. Thanks.

Whether you’re in the Atlanta and Brookhaven areas, or in Cobb, DeKalb , Fulton, Gwinnett, or another county in metro Atlanta, we can help you. We can also work with executors by phone or video conference if they are out of state or far away. Only after listening carefully will we present the options that are right for you and explore the benefits and costs of each one. 

Estate Planning E-Book for Georgia Residents

Click below to download your free copy of Sarah Siedentopf's e-book, Peace of Mind Through Estate Planning: A Guide for Georgia Residents.