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.