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Do I have the right to claim heir to deceased biological father's estate?
When I was 3 years old, my FATHER proved my mother "unfit" (Basically, I believe he lied but somehow proved adultery.) and was awarded full custody of me. Two weeks later, he brought me to my grandmother's house (where my mother was living at the time) and told my grandmother that he could not take care of me and that he needed her to do that for him. Of course, since my mother was living there, she assumed full responsibility for raising me. She worked very hard to provide for me all my life until I married.
Over a period of 54 years, I saw him a total of 8 to 10 times. He never paid "one dime" toward my support during my entire life. He has now died, and I want what is rightfully mine. I am the only child he has ever had. His obituary mentioned some step-children, step-grandchildren and step-great-grandchildren, but he has "fathered" NO OTHER CHILDREN besides me. Do I have a leg to stand on? Can I sue his estate for what is rightfully mine? Srvc4u |
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Depends on whether he had a will. If no will, I think you should see a lawyer.
If there was a will, you need to review it. |
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Do you know if he made a will? If there is a will then everything has to go according to what the will states after any debts are paid of course.
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 Originally Posted by smearcase
I do not at this time have a copy of the will. I do not know if I am named in the will. Actually I do not even know if he had a will, but I would assume he did. What type of lawyer am I going to need? A probate lawyer or some other kind? |
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Originally Posted by stinawords
I do not at this time have a copy of the will. I do not know if I am named in the will. Actually I do not even know if he had a will, but I would assume he did. What type of lawyer am I going to need? A probate lawyer or some other kind? |
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I would contact a family law office first they can either tell you if they practice what you will need or recommend someone in your area that will do what you need. What are you wanting to sue for exactly? You can't sue for child support. Did your mother ever go to court to get a child support order? If not then he wasn't even in arrears so she wouldn't even have a case against the estate. Once you have a lawyer they can request a copy of the will to see what it states.
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No my mother just felt that you would not "look a gift horse in the mouth" if you know what I'm saying. She was just thankful that she got me back. But I personally feel that he owes me. For the mental anguish of wondering all your life why you father would not want you or even to get to know you. I don't care how much is it. He may not be worth anything. It is simply the issue that he never did ANYTHING for me my entire life and I feel like he owes me something. If nothing else, just to acknowledge that I even exist.
As a matter of fact, I failed to mention that I WAS TOTALLY EXCLUDED FROM THE OBITUARY. And you know what... THAT IS JUST PLAIN RUDE! Oh believe me, I hate the man and I'm glad he's dead. He deserves it! |
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If he adopted children from another women, they would have equal share rights as children,
The issue of the will, and the time frame for you filing, since you have to file prior to the probate court being final on the estate. So you can't just sit around and think about it, you have to act. And the Obituary, depends on who wrote it, around here normally the funeral home director writes it, from question he/she asks the people arranging the funeral |
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Ok first an obituary is not a legal document so while you were hurt by being excluded there is nothing you can do about that. Also you really can't sue for mental anguish. Other than that fr. Chuck is right you have to act before the probate court finalizes everything and if he adopted other children then they would have an equal share. If you don't know if he is worth anything what do you intend to get out of it?
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