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    Stacy Johnson's Avatar
    Stacy Johnson Posts: 1, Reputation: 1
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    #1

    Jan 26, 2009, 08:57 AM
    Rights to biological father's estate
    My biological father recently passed, he and his family never formally acknowledged me as his daughter, although he has admitted it to me over the years. His wife was very active in church and community and considered me an embarrassment. He is extremely weathly, owned much of the town they lived in. I assume he willed his estate to his wife and 4 sons, can I sue for inheritance? Paternity has never been proven, but I know my DNA would match his sons.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 26, 2009, 09:05 AM
    Quote Originally Posted by Stacy Johnson View Post
    My biological father recently passed, he and his family never formally acknowledged me as his daughter, although he has admitted it to me over the years. His wife was very active in church and community and considered me an embarrassment. He is extremely weathly, owned much of the town they lived in. I assume he willed his estate to his wife and 4 sons, can I sue for inheritance? Paternity has never been proven, but I know my DNA would match his sons.

    You can try but Courts are reluctant to order DNA when the only question is one of inheritance. His Will also may have excluded you. You would have to go to the Probate Court - or whatever it's called in your area - and check the wording of the Will. It might be worth your while to consult with an Attorney.

    If the Will refers to "living children" or wording to that effect and you get DNA ordered and he is your father you have the problem that the other side will argue he didn't knowm, wasn't sure, didn't believe, he was your father and, therefore, could have excluded you from an inheritance or not mentioned you in his Will.

    Did your mother ever file for support or otherwise take him to Court? If there is a great deal of money at stake here, why - if he didn't - didn't he support you and why didn't your mother force the issue?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 26, 2009, 09:10 AM

    It get to disagree with Judy for a change, yes, you have a good chance, if you were not named in the will at all.

    You need to "very fast" hire an attorney who is an expert in probate and challenge the will before it is finished in probate court
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #4

    Jan 27, 2009, 12:04 AM

    If you want a correct answer you have to tell us whether you have a legal father or not.
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