Am I entitled to any benefits from a deceased father that I never knew?
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Am I entitled to any benefits from a deceased father that I never knew?
I am 29 years old and my mother recently told me that my father was a detention officer murdered by an inmate in 2009. She stated that he told her that he didn’t want to have anything to do with me. I have heard that he had a wife and daughter that may have received a large settlement from the sheriff’s department. Am I entitled to any of these benefits?
Asked on January 7, 2011 under Estate Planning, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all I will assume the you can prove paternity (i.e. that this man was in fact your biological father). That being the case, if he died with a Will you may or may not have inheritance rights to his estate. A child can be disinherited. However, some states require specific language to that effect; merely not mentioning the child may not enough. If he died without a Will (i.e. "intestate"), then the intestacy laws of the state where he was domiciled as of the date of his death will prevail. The general rule is that a surviving spouse receives 1/3 - 1/2 of the estate, and the children of the deceased share in the remaining 2/3 - 1/2.
So the answer to your question is - maybe. Right now you should consult directly with a probate attorney in the area where your father died. They can best advise as to your rights under applicable law.
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