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MsTra08 · Apr 28, 2011, 01:55 PM

He's not on my birth certificate but was always in my life.

MsTra08 · Apr 28, 2011, 02:06 PM

My father and mother were in a relationship during a time that my father was married. He was married and had 2 kids. During his marriage, he and his wife separated. My father met my mom and they had me. After mom's pregnancy my Dad walked away for the first 2 years of my life. She gave me her last name and didn't put him on the birth certificate. Two years later, my Dad returned into my life and had been in my life ever since. He recently died on March 5, 2011. I am 38 yrs old. I have contacted my half siblings to let them know about me and they want a DNA test. I am confident that he is my father so I said that I will submit to the DNA test. His wife died first a year ago and now he is dead. Now I want to know what chance do I have in receiving money from his estate?

Wondergirl · Apr 28, 2011, 02:20 PM

Did he have a will? Are you mentioned, even just generically?

In which state did he die? (re laws of inheritance)

MsTra08 · Apr 28, 2011, 02:28 PM

Don't know if he had a will or not. I am trying to get info from probate court. He died in California.

Wondergirl · Apr 28, 2011, 02:40 PM

It sounds like you are on the right track according to this (California Law for the Entitlement of Inheritance | eHow.com) and that you do have a claim --

The California Probate Code spells out all of California's rules for inheritance, including the order in which relatives of the deceased stand to inherit the deceased's property. Typically, a party wishing to inherit property must prove to a probate court that he's a valid heir to the deceased. Anyone with questions about a specific inheritance situation should consult legal counsel.

Inheritance is a specialized situation. When a deceased individual leaves no will, or left a will that did not dispose of all of his assets, his relatives may have the right to inherit any property not covered by the deceased's estate planning preparations. However, a potential heir must present proof of relation to the deceased to a court, and receive an official declaration that he is an heir, a "determination of heirship."

MsTra08 · Apr 28, 2011, 08:30 PM

Thanks a lot. I am currently about to take a DNA test to prove that I am his daughter. Then I will go from there.

AK lawyer · Apr 29, 2011, 07:41 AM

Originally Posted by MsTra08

He's not on my birth certificate but was always in my life.

Depends on the probate laws in your state (or country if you are not in the U.S.). Where are you?

AK lawyer · Apr 29, 2011, 07:53 AM

Originally Posted by MsTra08

... Now I want to know what chance do I have in receiving money from his estate?

If he didn't leave a will, or if so, if you were not specifically disinhereited in that will, you have a fairly good claim.

California Probate Code:

6450. Subject to the provisions of this chapter, a relationship of
Parent and child exists for the purpose of determining intestate
Succession by, through, or from a person in the following
Circumstances:
(a) The relationship of parent and child exists between a person
And the person's natural parents, regardless of the marital status of
The natural parents.
...

JudyKayTee · Apr 29, 2011, 08:35 AM

Was he proven to be your father through DNA or some other means?

Thinking/knowing he's your father and proving it are two different things.

J_9 · Apr 29, 2011, 08:41 AM

This might help.

https://www.askmehelpdesk.com/family...te-573324.html

JudyKayTee · Apr 29, 2011, 08:44 AM

Good catch - love two part questions when you have to search out part 1.

MsTra08 · Apr 29, 2011, 02:21 PM

Live in California. I'm about to take a DNA siblingship test to prove his my Dad.

JudyKayTee · Apr 29, 2011, 02:26 PM

When the test results are back, come back and let us know if you still have a question. Until then it's all conjecture.

ScottGem · Apr 29, 2011, 03:14 PM

First, please don't start multiple threads over the same question. I've merged your threads. You waste our time and yours when you have info in different threads.

Any further follow-up should be posted using the Answer options in this thread

First question I have is did your father leave a will. If so, are you mentioned in it?

MsTra08 · Apr 29, 2011, 05:37 PM

First, it wasn't my intention to start multiple threads. Was new to this site and after I tried submitting first question, I didn't think that it was posted. Sincere apologies for any inconvenience. To answer your question, I don't know if he had a will. My half-sister won't tell me anything until I get the test done. I was told that in order for me to find out whether he has a will, I must first prove that I have a kinship. I contacted probate court to see if I could get any info and I am waiting to hear back from them.

AK lawyer · Apr 29, 2011, 06:38 PM

Originally Posted by MsTra08

I contacted probate court to see if I could get any info and I am waiting to hear back from them.

If a will was filed with probate, the court will, I am confident, let you see the will.

It could be, however, that there was no will or, if there is one, it was not filed with probate. Your half-siblings wouldn't file it if your father left no assets that would pass by will.