Heirship Determinations in Dayton

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An heirship determination is a legal proceeding in probate court, whereby an applicant will ask the court to determine which person or persons have a right to inherit from a deceased’s estate.

These proceedings arise because of unusual circumstances including, but not limited to:

  • Pretermitted children or spouses (children or spouses not listed in the will)
  • Illegitimate children
  • Common law marriages between the deceased and others

Whether a person is a devisee, legatee, heir at law, next of kin, or maintains some other relationship with the decedent, is highly relevant in determining who lawfully inherits.

The law is unsettled as to some of these classifications, and indeed some actions (such as paternity) should be done prior to death. Our Dayton probate litigation attorney has protected our clients’ interests in these types of disputes, especially when divorces, second marriages, adoptions, and children born out-of-wedlock throw the probate process into complete disarray.

Contact David Brannon, Attorney at Law if you believe you may be entitled to an inheritance of real, personal, or intangible property. Schedule your free consultation today.