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Childs Rights after Accidental Death of Parent

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MsCritic7

Junior Member
What is the name of your state?What is the name of your state? California
My daughters father died in an accident while driving a truck for his job... I hadn't spoken to him in years and he had not provided any support for her in the last 10 years of her life... I found out on the news that he died in this accident... We called his job to find out if my daughter was listed as beneficiary on anything that he had filed at the job and they said they could not tell us... They had someone from Liberty Mutual call me about a workers comp dependency claim for my daughter... Being that he had not provided any support for her in the last 10 years of my daughters life they denied her as his dependent... They told me that he was providing money to his family in another state to help them buy food and they were going to try and make the mother and father his dependents in order to continue to provide them money to buy food... Why is a natural child less entitled but someones parents rank above them??? They are eating at the expense of their grand-daughter... Is this legal??? How do I find out who (if anyone) was listed on any insurance policy he might have had thru his job???? And, if nobody was listed isn't the beneficiary supposed to be his child - regardless of the fact he had not provided any support for her in the last 10 years... I went online and found out that his family had not mentioned his daughter in his obituary as surviving him but he called my mother regularly to see how my daughter was doing... Could the fact that they did not list my daughter on his obituary clear the way for them to obtain any insurance policy if no beneficiary was listed??? I wrote his brother a letter asking him to send my daughter some pictures of her father because she had not seen him since she was 3 years old... We also sent a plant to his services and money for them to purchase him some flowers since his passing... I have received no response whatsoever... I believe as his child she is entitled to whatever he had... We had no court ordered child support agreement because he begged me not to take him to court because he always ended up in trouble so I had him write me a letter that stated what he would pay for her support... I understand minors are not to be listed as beneficiary but if no one was listed, a trust fund could have been set up... Its clear the family does not wish to talk to me or have anything to do with his daughter which is no problem with me, so I am sure if I asked them who the beneficiary was they would not tell me... How do I go about finding out??? And, since the accident was 28 December 2004 is it too late to find out anything???
Greatly appreciated
MsCritic7
 


rmet4nzkx

Senior Member
In addition to what Stephen asked, have you applied for Social Security survivors benefits for your child? Was he a CA resident and was a probate case opened up?
 

MsCritic7

Junior Member
My daughter is 13 years old... No paternity or child support was done with the court... I do receive Social Security for her which I applied for right after the accident... I do believe he was a CA resident but they took him back to Kentucky... I have been checking to see if they did open probate, they have not...
 

stephenk

Senior Member
You have a long and difficult fight ahead of you. There is nothing connecting your daughter to him, even if his name is on the birth certificate.

you would have to have paternity established first.
 

MsCritic7

Junior Member
And the only way to have paternity done now is thru his mother who is reaping the benefits that should rightfully go to my daughter - correct??? If I obtained a lawyer and went about getting the answers that I want would a court order force his mother to provide DNA or could she refuse??? It could be a fight well worth it if the outcome proves what I believe or it could be my money down the drain...
Thank you
MsCritic7
 

stephenk

Senior Member
if you are so concerned for your daughter why didn't you do anything to protect her inheritance rights for the past 10 years?

your daughter hasn't lost anything since you and her were never expecting anything, right?
 

ellencee

Senior Member
MsCritic7 said:
My daughter is 13 years old... No paternity or child support was done with the court... I do receive Social Security for her which I applied for right after the accident... I do believe he was a CA resident but they took him back to Kentucky... I have been checking to see if they did open probate, they have not...
What proof of the father-daughter relationship did you use when you filed for and were approved for survivors benefits for your daughter?
EC
 

MsCritic7

Junior Member
I used her birth certificate to obtain the social security that lists him as her father... If that wasn't good enought, they certainly didn't tell me it wasn't... If they need further proof I have the letter he wrote me regarding my daughter... For the past 10 years he was in and out of jail or jobless so as I was told you can't get blood from a turnip... Why should I have to protect her inheritance rights if this is her FATHER??? If she is entitled to everything I have, if I should die tomorrow, then why not the same with the FATHER??? Your telling me men can't remember when they produce a child, when they arrived at the hospital for the birth of that child, when they brought milk and diapers for their child.... PLEASE... The only thing that ties my daughter to me is her birth certificate which is the same thing that ties her to him... Its not about what I have lost or what my daughter has lost, its about what is FAIR... I have done all the supporting of my daughter with little help in the beginning dwindling down to minimum to nothing - why should his family reep what should actually be my daughters??? He was no more then a deadbeat (the title the court would give him) but we had our own agreement outside of the court, so why shouldn't I be concerned with her inheritance rights - whether 10 years, 15 years, or 40 years... This is still her FATHER - PERIOD, POINT BLANK.... I shouldn't have to expect anything from her FATHER for his CHILD - RIGHT???? You are a lawyer - we are supposed to be looking out for the rights of the child - CORRECT????
 

janedoe23

Member
If he was jobless and in and out of jail for the last 10 years how much more do you think he is going to have?????????? :confused: Take the security benefits and leave else alone. You weren't pressing for child support before his death but now it seems as if you want EVERYTHING.
 

Who's Liable?

Senior Member
MsCritic7 said:
I used her birth certificate to obtain the social security that lists him as her father... If that wasn't good enought, they certainly didn't tell me it wasn't... If they need further proof I have the letter he wrote me regarding my daughter... For the past 10 years he was in and out of jail or jobless so as I was told you can't get blood from a turnip... Why should I have to protect her inheritance rights if this is her FATHER??? If she is entitled to everything I have, if I should die tomorrow, then why not the same with the FATHER??? Your telling me men can't remember when they produce a child, when they arrived at the hospital for the birth of that child, when they brought milk and diapers for their child.... PLEASE... The only thing that ties my daughter to me is her birth certificate which is the same thing that ties her to him... Its not about what I have lost or what my daughter has lost, its about what is FAIR... I have done all the supporting of my daughter with little help in the beginning dwindling down to minimum to nothing - why should his family reep what should actually be my daughters??? He was no more then a deadbeat (the title the court would give him) but we had our own agreement outside of the court, so why shouldn't I be concerned with her inheritance rights - whether 10 years, 15 years, or 40 years... This is still her FATHER - PERIOD, POINT BLANK.... I shouldn't have to expect anything from her FATHER for his CHILD - RIGHT???? You are a lawyer - we are supposed to be looking out for the rights of the child - CORRECT????
And unfortunately this is NOT a FAIR world... You screwed up by not properly making sure that he was tied to your daughter on paper... Serving him with child support papers may not have made him pay, but it would have tied your daughter to him years ago... Now when it matters, it's VERY difficult to prove because YOU let it go for 13 years...

You're gonna need a lawyer, and it's NOT going to be cheap...

Don't cheat your daughter this time by letting it slide...
 

ellencee

Senior Member
MsCritic7 said:
I used her birth certificate to obtain the social security that lists him as her father... If that wasn't good enought, they certainly didn't tell me it wasn't... If they need further proof I have the letter he wrote me regarding my daughter... For the past 10 years he was in and out of jail or jobless so as I was told you can't get blood from a turnip... Why should I have to protect her inheritance rights if this is her FATHER??? If she is entitled to everything I have, if I should die tomorrow, then why not the same with the FATHER??? Your telling me men can't remember when they produce a child, when they arrived at the hospital for the birth of that child, when they brought milk and diapers for their child.... PLEASE... The only thing that ties my daughter to me is her birth certificate which is the same thing that ties her to him... Its not about what I have lost or what my daughter has lost, its about what is FAIR... I have done all the supporting of my daughter with little help in the beginning dwindling down to minimum to nothing - why should his family reep what should actually be my daughters??? He was no more then a deadbeat (the title the court would give him) but we had our own agreement outside of the court, so why shouldn't I be concerned with her inheritance rights - whether 10 years, 15 years, or 40 years... This is still her FATHER - PERIOD, POINT BLANK.... I shouldn't have to expect anything from her FATHER for his CHILD - RIGHT???? You are a lawyer - we are supposed to be looking out for the rights of the child - CORRECT????
I am not an attorney; please read my profile. If we argue the rights of the child, then we have to start with birth and move forward and not begin with the death of the father an move backwards to the child's birth.

Please consult with a probate attorney at once; that is the only advice I can give you and I could not have given you that advice without knowing if you had any proof of her being his daughter. The birth certificate is acceptable proof.

Not that this has any legal implication at all, but I hope your daughter does receive a substantial award from the estate of her worse-than-deadbeat-dad.

EC
 
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rmet4nzkx

Senior Member
I'm sorry I missed your answer.
Ok, if your child is receiving Social Security benefits, then paternity must have been established whether or not you ever went to court for anything else. Did you ever apply for state aid/medicaid during your pregnancy or for the child? What other proof do you have, letters, wittnesses? But if she is receiving SS survivior's benefits either you were married or he signed the Acknowledgement of paternity at the hospital. In CA and most other states he automaticaly becomes the legal parent if you were married or if he acknowledges paternity paternity by affidivit and then his name can go on the birth certificate. While SSA may not have questioned paternity for this reason, you may have to prove it since you have no court orders, contact the hospital where she was born and they will tell you which agency holds the records, usually with the department of vital statistics in the county of her birth, they should be able to provide proof of paternity.

You may not be giving the right information to the insurance company, but they should know these things. You may have to contact a probate attorney or petition the court to appoint a GAL to represent your child in this matter. You may be able to open a probate case.
 

BelizeBreeze

Senior Member
MsCritic7 said:
We had no court ordered child support agreement
It doesn't matter if SS found him to be the father. The court has not issued a support order and now it's too late.

Also, Unless her name is on the insurance as beneficiary, she has no right to any information.

And finally, based on the information in all posts, regardless of what the SS decided, the court would require a finding of paternity before the child would be considered an heir for recovery of any claims against the estate.

And THAT is a long and complicated process that would require exhumation of the body or other 'markers' for DNA testing since it's sure to be constested.
 

rmet4nzkx

Senior Member
BelizeBreeze said:
It doesn't matter if SS found him to be the father. The court has not issued a support order and now it's too late.

Also, Unless her name is on the insurance as beneficiary, she has no right to any information.

And finally, based on the information in all posts, regardless of what the SS decided, the court would require a finding of paternity before the child would be considered an heir for recovery of any claims against the estate.

And THAT is a long and complicated process that would require exhumation of the body or other 'markers' for DNA testing since it's sure to be constested.
It is not complicated if dad signed the AOP, Remember dad was present at birth, names don't go on Birth certificate in CA without AOP if unmarried. SSA does not grant survivors benefits without proof of paternity or proof that the child was a dependent. OP can start in the county of residence or birth to obtain the AOP. If OP goes through the probate section of the CA Superior Court for the county of dad's residence they can petition for a GAL to be appointed. The problem here is that the grand parents are not acknowledging their grandchild as the rightful heir and in another state. While insurance may not have her named, the worker comp insurance should follow the rules of succession for CA. OP can't get back support unless there was some order e.g. if OP/child was on welfare and or medi-Cal, then there may be an order of which OP is unaware.
 

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