I am an adult and would like to make a claim against my deadbeat dad's estate when he dies.

His name is not on my birth certificate as he and my mother were both married to others when I was conceived. To the best of my knowledge, in Ontario Canada, paternity must be established while both parties are living.

I had contact with him when I was a child - plenty of pictures of us together and his other children knew that my mom was pregnant.

Basically, he did not do anything for me and he was a professional who was quite well off and his other children got the opportunity to go to university and are now also professionals and I lived through years of horrible poverty and am in my thirties and still trying to get though university so I feel as entitled to his estate as everyone else.

Do I have any grounds to make a claim? How would I go about doing this?

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Originally Posted by vannessmonster

I am an adult and would like to make a claim against my deadbeat dad's estate when he dies.

His name is not on my birth certificate as he and my mother were both married to others when I was conceived. To the best of my knowledge, in Ontario Canada, paternity must be established while both parties are living.

I had contact with him when I was a child - plenty of pictures of us together and his other children knew that my mom was pregnant.

Basically, he did not do anything for me and he was a professional who was quite well off and his other children got the opportunity to go to university and are now also professionals and I lived through years of horrible poverty and am in my thirties and still trying to get though university so I feel as entitled to his estate as everyone else.

Do I have any grounds to make a claim? How would I go about doing this?

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Was paternity ever legally established? If your mother was married her husband is your presumed father and that is hard to set aside, particularly after 30+ years.

Have you and your mother's husband been tested to rule him out?

Why are you waiting until his death? Why didn't your mother pursue him when you were growing up?

Quote:

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Originally Posted by vannessmonster

His name is not on my birth certificate as he and my mother were both married to others when I was conceived. T

Basically, he did not do anything for me and he was a professional who was quite well off and his other children got the opportunity to go to university and are now also professionals and I lived through years of horrible poverty and am in my thirties and still trying to get though university so I feel as entitled to his estate as everyone else.

Do I have any grounds to make a claim? How would I go about doing this?

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If his name is not on your BC and your mother was married to another man you do not have any grounds to claim anything.Also you are not entitled to his estate,too.

I agree with the others. You really need to just get over it and concentrate on your own life. A lot of the things your looking at now is the result of your mothers decisions. You need to refocus.

I have to agree with the others. Unless your bio father was in Child Support arrears he doesn't owe anything. Even if he did owe money it would be to your mother not to you. Sorry! Even if paternity was established the courts can't make him will anything to you... sucks I know. Good Luck

You can take action to disprove that your father by presumption is your biological father and ask that he be removed from the record held by the Registrar General. Then file a declaration of paternity while your biological father is still living. If he contests, you can ask the court to order testing to confirm your relationship to him. Nothing prevents you as an individual from bringing a motion for assistance from him, based on the circumstances, to help finance your education. Child support often continues while the child, although over the age of majority, is pursuing post-secondary education. Don't wait until he's dead because you can't be sure that he will have an estate - he may hold his property jointly with a spouse or transfer it to his other children while he's still living. If you don't try, you'll never know. Good luck.

Please cite your source - this is NOT what legal research (by experts) indicates.

Decisions of the Ontario Superior Court of Justice conclude that it is very important for a child to confirm their parentage for personal and medical reasons. The Children's Law Reform Act makes provision for any person to file a declaration of paternity relating to their own parentage or for a man who wants to be recognized as the biological father of a child. Section 10 of the Act gives the Court discretion to order blood or other tests in order to have the best evidence possible. Contact the Office of the Registrar General to determine their administrative requirements to remove the current father from the Registration of Live Birth. Because your mother was married to someone else at the time of your birth there is a presumption of paternity. A lower Court can also make such a presumption. But a Declaration can only be made by the Superior Court and relies on better evidence. You can search the Court's website for similar cases.

"Decisions confirm ..." is not a citation that addresses this question.

I find that it is very complicated to remove a man married to the child's mother at the time of the birth from the birth certificate.

The question is all about inheriting from the "deadbeat" dad. My feeling? If the father wants no part of the child, paternity determines he is the child - he's going to make a specific "no provision" in his Will. No one is automatically entitled to inherit UNLESS there is no Will.

The "father" is well off (presumably). He's also not stupid.

Why didn't the mother/husband ever move on this? Maybe OP knows... but OP hasn't been back since DECEMBER 2008.

I just noticed the date. I think the question is moot.

Thread closed.

Watch dates when responding.

To Mary91,

You are new here so I'm going to take this opportunity to make you aware of how this site works.

First issue is reviving old threads. You posted to three threads. All of them several years old. Please check the dates a thread was first posted and the last activity before responding. Your other posts have been removed.

Second issue is accuracy. You have posted in the Family Law forum. In all the law forums there is a higher standard of response. Responses here need to conform to existing statutory law. They should also be specific to the OP's question. Your answers have been questionable at best and inaccurate at worst. For example there is a statute of limitations on debt, your answer in that thread indicated a lack of understanding of what an SOL is.

You are welcome to try and help here. But we do ask that your answers be up to the standards of this site.