The Kardashians can't stay out of the news. O.J. Simpson can't stay out of the news.
Put the two together and what do you get? A paternity scandal.
As many may already know, O.J. Simpson is now claiming to be the biological father of Khloe Kardashian. For those in the dark on celeb gossip, Khloe and her siblings rose to fame by chronicling their life on reality TV.
O.J. Simpson rose to fame first as a football star and later, as a murder suspect in one of the most infamous trials of all time.
Now, we can add in a few more legal issues for O.J. -- paternity and estate planning. Simpson is reported to have said he wants to give Khloe a part of his estate.
But the rest of the Simpson children aren't exactly thrilled by the new prospect. In fact, according to Time Magazine, his four other children thought he was kidding when he said he wanted to include Khloe in his will. Looks like he wasn't kidding. Much to their chagrin.
So, what are the rights to an estate of a child born out of wedlock?
The laws on estates change from state to state so we will just stick to New York law. Under New York law, it's not that easy to forget a child in a will. If the will is written before the child is born and the will simply fails to account for the child, the "omitted child" rule applies.
This rule states that the child would normally inherit her intestate share of the estate. This doesn't necessarily apply if the will is written after the child is born, or if the child is a non-marital child of the father.
This is not to say that an illegitimate child can't inherit from her dad. But there would need to be proof of paternity, either through a declaration or through a paternity test.
So far, Khloe's mom, Kris Jenner, has strongly denied that O.J. Simpson is Khloe's father. But she has alluded to the fact that she had an affair around the time Khloe was born.
And O.J. is coming forward and saying that the affair was with him.
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