Occasionally, the situation will arise were a child is born but never knows one of his parents. This may happen because the mother and father were never married. It could happen because the mother and father were married but for whatever reason, the father left before the child was born or shortly thereafter. It could also happen where the mother took the child and never told the father where the child was. The father may never have had any contact with the child. It may be that the child never knew his mother for one of the reasons listed above.
If the parent dies under these circumstances, is the child entitled to inherit from the parent? The answer is yes!
If the parent did not leave a will then the child who does not know his parent is an heir just like any other child. He would inherit from his parent under the laws of dissent and distribution. This would be true even if the parent had had additional children who were known and supported.
If the parent left a will then it depends on how the will was written. If the parent named specific individuals such as his spouse or other children then the child who never met his parent would not inherit. All of the parent’s property would go to those specifically named. However, if the parent used terms like "my descendents" or "my children" or "my heirs" then the child would inherit from his parent. He would be a descendent or a child or an heir. If the will was made before the child was born, then the child may be a ***pretermitted***child and entitled to inherit.
Copyright by Robert Ray a Texas inheritance attorney.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.