What are the inheritance rights of children born out of wedlock vs those born in wedlock? If this is this is a state by state issue is it the norm to make no distinction between out of wedlock and in wedlock births with respect to inheritance rights or not?
Both have equal rights if the parent dies intestate. However, the illegitimate child carries the additional burden of proving paternity or maternity, if it is disputed. All children conceived and born within a marriage are considered the progeny of the husband and wife, by law.
If the parent leaves a will, then bequests take precedence. If a will is successfully contested, or if there is no will, then the children will share equally in the parent’s estate if the parent left no surviving spouse. If there is a surviving spouse, the children are entitled to split equally 1/3 of the estate. The spouse is entitled to 1/2.
Short and sweet: http://www.oasis.gov.ie/relationships/marriage/inheritance_marriage.html
Depends entirely on the law of the jurisdiction you’re in. Historically, the English common law declared that a bastard was not related to anyone for the purposes of inheritance, not even the mother. Most jurisdictions have changed that now, but you’d have to check the law of your jurisdiction.