Is there any way that I can share in my deceased father’s estate if his name is not on my birth certificate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there any way that I can share in my deceased father’s estate if his name is not on my birth certificate?
He and my mom had an affair while he was married and his family has no idea that I exist.
Asked on March 16, 2014 under Estate Planning, Texas
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Whether or not you can share in your father's estate depends on a number of factors. Number 1 is: Did he have a will? If he did and he named his beneficiaries by name, as in I leave my estate to my son Tommy, then you have no claim. If he did and it said: I leave my estate to all my children, in equal shares, then you may have a claim if you can prove he was your father, either through the testimony of your mother or through genetic testing. This is going to be difficult without your father's DNA or blood sample (unless a doctor or hospital has some of his blood), but you may be able to test whether you and your half siblings are related. If he had no will, then it will depend on your state's laws of intestate secession.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.