I’ve never heard of such a thing. Inheritance money is his to do with as he wishes. I know of no law that says anyone has to put inheritance money aside for children (legitimate or illegitimate) unless something was written in an agreement of sorts that says he has to.
My apologies if this sounds harsh, because I do not mean it that way. As far as I can tell from your profile, you are not an attorney, correct?
I am almost certain that I was told this was the case a few years ago by a different attorney. That’s why I’d prefer to hear from an attorney regarding this
Also, I could be wrong, but I do believe it’s true that if parents are divorced and one inherits a lot of money, they do have to make provisions for any minor children. It’s considered an asset, if I recall correctly. The case of illegitimate children seems like it ought benefit them as well.
Thank you for your reply.
I have not heard of this either and I have been reading things on family law for several years now. I have also searched through the NC General Assembly statutes and there is nothing that I can find on this.
If the child’s parent dies, maybe there is something that must be done with the estate for the child; but unless you go back to court to modify child support and include the inheritance as income, there is an agreement between you, or you are also listed in the inheritance, you can not force him to do what you wish.
EDIT: I did find this on NCGA statutes, but it’s the only thing that I found concerning children and inheritance:
belleKell this is a forum where regular people and attorney’s can share their knowledge and experiences. It is a great resource. Unfortunately (fortunately for others) many of us have been battling our spouses for so long we have developed a wealth of knowledge on many aspects of divorce child support etc.
I believe stepmother is correct. There is no such law. Inheritance is from one person to another person or persons named in the will or to the very next of kin. Of course we have all seen legal battles over inheritance. People trying to get wills overturned and the like.
If he signed an agreement with someone then he would be obligated.
There is no law I am aware of that requires him to set aside a portion of this inheritance for the children.
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My children’s father, who have never been legally legitimated by him, but who have lived with him and he has socially acknowledged for years, and is listed on their birth certificates, inherited a sizeable amount of money when his father died.
Is he or is he not required to put aside ten percent of this money for each child in a bank account that he does not have access to.
Again, these children are not legitimate, but have been acknowledged as his for years, even living with him at certain times.
I was told that he had to put ten percent of this sizeable inheritance into an account for each child.