Ask Experts Questions for FREE Help !
Ask
    katzcruz's Avatar
    katzcruz Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 25, 2011, 11:59 AM
    Father not listed on birth cert passed away
    Im 38 yrs old and my father passed away when I was 4yrs old. On my birth certificate there is no father listed. My mother had me in 1973 and was not married and my fathers name is not listed on my birth certificate. I never collected and benefits from his death nor from his estate.
    My father also has 2 daughters from a previous relationship in Alabama
    My father did end up from what I was told marrying someone before he passed. That person his wife I assume collected any benefits and funds from his estate. I recently found an unclaimed safety deposit box in Il under his wife's name. I would like to claim it, just in case there may be any personal belongings of my father in it.
    How can I claim the box if both my father and his wife are now deceased? How do I get any information on who may have collected any of his belongings/benefits? I have no contact w/my fathers children only a few cousins. Is there a way of getting my father to be put on my birth certificate after all these years?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jun 25, 2011, 02:15 PM

    Before you have any legal standing to do ANYTHING you need to prove that this person is your father. Was there ever a Court action, something similar, to prove paternity?

    Your father married, then he died, then his wife died? If so, depending on how his Will was written it is entirely possible that all of his belongings/effects were willed to his wife. She died, and her will controlled all of the assets - hers and what she inherited.

    At any rate - you have no claim to anything in your father's name unless you can prove he's your father and until you look at his will and no claim AT ALL to anything in his wife's name.

    Go to Probate Court and ask to see the file. Contact his other children and/or family members to see where the property is.

    And, no, you can't put a dead person on your birth certificate at this point in time.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jun 25, 2011, 06:52 PM

    Assuming the estate went though probate, it would have long been settled and time frame to contest would have been long past.

    When you were 4 years old, assuming this really was your father, but at 4 when he died, your mom needed to make a claim on your behalf,

    Next had he remarried, depending on how things were deeded, you may or may not have even had a claim then.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What rights does a father have if his name is on a birth cert? [ 2 Answers ]

The father is threatening to bring me to court if I don't put his name on the birth cert but I'm afraid if I do he will take the baby from me and bring it to another country

Does a step father have rights if no father is listed on birth certificate [ 4 Answers ]

My daughter is 8yrs and my husband has been the one that has taken care of her since she was 2 yrs. Her bio father isn't listed on her because but we have had a dna test done. He doesn't want to be part of her life but doesn't know if he wants to sign over his rights! Does my husband have any...

Biological father needs to be added to birth cert. When other man listed/ name change [ 31 Answers ]

When my daughter was born my ex was thought to be her biological father but found out otherwise at a later date. Everything was proven through paternity tests, but now my problem is I don't even know where to begin getting everything resolved. My ex's name is on the birth certificate and needs to...


View more questions Search