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mbk40 · Aug 5, 2010, 11:20 AM

I was born in another state. The man that my mother says is my biological father lived in the same state as I did but her moved to pa. Paternity was never established. This man has passed away in the last couple of months. What are my rights?

ebaines · Aug 5, 2010, 11:31 AM

If this man is indeed your father, and died without a will, then you have rights to a portion of his estate. Even if he did have a will, and assuming you aren't mentioned in it, you may be able to contest its validity (depending on how it was written and what it says about his other children, if any). Obviously contesting a will is complicated, can be expensive, and will take time. If you feel this is worthwhile pursuing, you'll need to hire a PA lawyer.

mbk40 · Aug 5, 2010, 11:50 AM

Wouldn't I have to prove paternity first? Could I do that with one of his children or his parents? I don't if there is a limitation in the state of pa. Could I make the parents or children do paternity tests? If I establish paternity through the children or the parents do I have any rights to his estate if he has a will?

ebaines · Aug 5, 2010, 12:04 PM

Your whole case would be built on this man being your father. So yes, clearly you would have to establish paternity. To do that, you'll need a court order to force his acknowledged children to take DNA tests. So if you're serious, contact a lawyer. It typically takes several months to a year for an estate to go through probate, so if want to contest his will you need to get moving. Since probate is public, a lawyer in PA can tell you what the status of it is. And as I said, if he has a will then it makes your job more difficult, because not only do you have to establish paterniity, you must also establish that his will is invalid or that any language in it regarding his children applies to you.

lawanwadee · Aug 5, 2010, 12:29 PM

Probably not worth to pursuit this case unless you can find attorney who agree to do it on contingency basis.

mbk40 · Aug 5, 2010, 12:58 PM

Are you basing your answers on pa law?

ebaines · Aug 5, 2010, 01:16 PM

My suggestion was to consult a PA attorney. So yes, his advice should be based on PA law.

ScottGem · Aug 5, 2010, 01:22 PM

Originally Posted by mbk40

are you basing your answers on pa law?

This is a rare case where the local laws don't really matter. No matter what state you are in, you will need to check if the estate has been probated in PA. You will then need to file a contest of the will in the court where the will was probated. That court will then order a paternity test to establish paternity.

It is from that point that local laws will come into play. Whether there was a will or wasn't, laws of inheritance, etc. will have a bearing.

Do you have any idea whether this man was aware of you? Do you have any idea whether he left an estate large enough to justify contesting it?

mbk40 · Aug 5, 2010, 01:33 PM

Yes he was aware of me. I believe that he has a very large estate

ScottGem · Aug 5, 2010, 05:35 PM

Then get a lawyer

Fr_Chuck · Aug 5, 2010, 06:19 PM

Yes, if there is a large estate, you will need to file a claim, and then the court can and will order a DNA testing.

But none of this can be done by yourself, even attorneys who do not practice in this area would not be of a lot of help. You need an attorney who does probate law, and even one who has done similar cases if possible