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ssgarrett34
Sep 11, 2011, 09:43 AM
I have a quick question in regards to rights to an inheritance or monetary damages. My mother and I was left by my biological father, roughly 2000 miles away from home about 23 years ago. She was pregnant with me at the time and she even tried to contact him once she got back home, but never heard from him again.

About two years ago, I discovered his myspace and then we finally talked for the first time. He had mentioned to me that his mother told him that my mother had a miscarriage, when in actuality, I am most definitely alive and well. My question is this.. My grandmother (his mother) is extremely wealthy and very much a b**** to everyone around her. I have not yet had the oppurtunity to speak to her myself. Now I would like to know if there is anything I can do legally to prove that yes, I am her granddaughter, (I don't mind giving dna at all) and that it is her that lied and denied my existence. My mother insists that she and my father were together in the same ER room back 23 years ago, when the doctor told her that she was pregnant.

Any advice?

cdad
Sep 11, 2011, 09:58 AM
How old are you now and in what state/country do you live? You may or may not have rights to ask for a DNA test. Did your mother ever go to court for child support? What monetary damages do you think your entitled to?

If you have never met your grandmother where are you getting this information from?

ssgarrett34
Sep 11, 2011, 10:02 AM
I am 23 years old and I live in Maryland. I do know my mother did try for child support back when I was a toddler but they told her that he wasn't using the right Social Security number so for her to just drop it, because nothing was adding up. Supposedly, his mother and him were involved in some type of insurance fraud... that they did for years and years. I'm not sure what I'm entitled to and I have learned this information from my mother, just the bit that she knew about my grandmother being a mean person and when I spoke to my biological father he informed me about his mother telling him that my mother had a miscarriage so he 'didnt know I existed'.

ScottGem
Sep 11, 2011, 10:23 AM
You can prove that your father is your father. But you have no claim on your grandmother's estate UNLESS she leaves an ambiguous will or no will at all.

For example, if her will leaves 1/3 of her estate to your father and his heirs and your father predeceases her then you could be in line to inherit.

As for your father not being told that's more your mother's fault. If she didn't pursue child support or even making sure your father was informed of your birth, then she bears more of that responsibility.

cdad
Sep 11, 2011, 10:23 AM
It is possible that he is telling the truth about the miscarriage story and your mother made a decision at the time so there would be no questions.

Because of your age you may or may not be past the time limit to request a DNA test from the alleged father. Maryland law requires that the mother must initiate the process for parenity testing but if she refuses then the child may move forward on it.

You really need to contact a lawyer in your are to find out if you have reached this barrier.

ssgarrett34
Sep 11, 2011, 10:32 AM
Would the law in Maryland be my concern? I was born in Arkansas, so I'm not sure if that is a factor also? As for my mother trying to find him, she did for a couple years but she couldn't, they weren't using their correct socials at all, so no way she could track him down. I do believe I have been wronged on many levels on this, of course, I do know that I was way better off without that side of my family but my grandmother caused me to not even know that part of me at all. So in that regard, I'm not sure if I'm entitled to any restitution? IMO, I think his mother has wronged many people, and this might just be the way to make her pay for all her evil ways.

ssgarrett34
Sep 11, 2011, 10:40 AM
I am asking these questions so I'm sure I know what my legal rights are.. whether I do have a substantial case if I feel I need to go with it and seek restitution or.. not. I'm not really sure how she is going to react to me contacting her either. I know that I will probably not get any closure on this, but at least I can get closure for myself. I have spoken to my father's daughter (my half sister) and she also told me that our grandmother is a mean and manipulative person, so I have no clue what's going to happen if and when I do contact her.

cdad
Sep 11, 2011, 10:45 AM
You have no claim to any kind of restitution. As far as that goes you can forget about it. The testing of dna at this time may be your only way to establish ties but again it falls back on what Maryland law has to say about it.

ssgarrett34
Sep 11, 2011, 10:48 AM
Right, I don't think I would have a problem getting my biological father to give dna but he's homeless and hard to get ahold of. That whole side of my family is a mess lol

ScottGem
Sep 11, 2011, 11:55 AM
There are probably multiple issues of jurisdiction here. But the point is you have almost no claim against your father for anything. Your mother dropped the ball on holding him accountable. And that option is now gone since you are an adult.

I agree you have been wronged, but being wronged and having a legal case are different issues. I really see no legal case for you.

If you do contact your grandmother, you may be opening a can of worms in that she may rewrite her will specifically excluding you.

ssgarrett34
Sep 12, 2011, 11:51 AM
That is true, you have a point with that.. so should I contact a lawyer before contacting her at all? I just want to make sure I'm doing the right thing here. What would be the next step in at least, showing that I am related?

ScottGem
Sep 12, 2011, 02:27 PM
Yes, I would contact an attorney before I do anything.