My father and mother were in a relationship during a time that my father was married with a family of his own and my mother was also married. My mother got pregnant and had me (in North Carolina). My father continued to be apart of my life and provide for me but his family did not know about me. My mom gave me her husbands last name and didn't put him on the birth certificate. My father died 20 years ago and I am 44 and have finally got the courage to contact my half siblings to let them know about me and ask them to do a DNA test in hopes for a relationship. I am confident that he is my dad. What rights do I have in receiving money or anything else from his estate?

Claire, NC

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Originally Posted by chooseadoption

My father and mother were in a relationship during a time that my father was married with a family of his own and my mother was also married. My mother got pregnant and had me (in North Carolina). My father continued to be apart of my life and provide for me but his family did not know about me. My mom gave me her husbands last name and didn't put him on the birth certificate. My father died 20 years ago and I am 44 and have finally got the courage to contact my half siblings to let them know about me and ask them to do a DNA test in hopes for a relationship. I am confident that he is my dad. What rights do I have in recieving money or anything else from his estate?

Claire, NC

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His estate liquidated 20 years ago and was dispersed... you aren't entitled to any of it now.

If he died with a will yesterday... you aren't entitled to anything if you aren't named in it. He could give it all to charity if that was his wish. Now if it was recent he had no will and it will go to probate... and could PROVE you are an heir... then maybe.

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Originally Posted by smoothy

....you aren't entitled to anything if you aren't named in it. ...

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Hypothetically speaking, perhaps OP could have overturned the will if he wasn't specifically left out. Depends upon NC law, which there is no need to research because the SOL has no doubt run long ago.

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Originally Posted by AK lawyer

Hypothetically speaking, perhaps OP could have overturned the will if he wasn't specifically left out. Depends upon NC law, which there is no need to research because the SOL has no doubt run long ago.

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Also since the OP's mother was married at the time the child was born. Her husband would be the legal father. That would erase all ties to the bio father unless it goes through the courts to be contested (if that is even possible).

Yes, there are two real issues I see.

Even if not on the birth certificate, since she was married, the married husband is considered legally the father unless contested by one of the parties. So legally he is not the bio fathers child,

Had the mother not been married, it would be different.

Also probate ended 20 years ago, and it appears this person was aware of the death, aware of probate and aware he believes he is the child of this man. So there is no reason he could not have filed a claim in probate, or even a appeal or contested it, within legal time frame.

Normally if the probate is not contested within a certain time, there is no claim that can be made,

Exact location of birth, exact location of the bio father at time of death can all effect issues.