How to declare a child legal heir?

[Redsprite]

What is the name of your state? VA

I'm not certain I have the correct forum but I had a daughter with a person who is now deceased. We were not married. He is on her birth certificate, she collected SS under his name, etc. She recently discovered the State of Virginia is holding unclaimed property under his name and the name of the business he owned when he died. My daughter filed a claim to collect the unclaimed property (bank accounts) but they would not release the funds to her because she has no legal paper stating that she is his sole heir (he had no other children and was not married). His estate did not go through probate so there is no "List of Heirs" (the document asked for by State of Virginia).

Is there anyway to establish her as legal heir so that she can collect this property? Can a Virginia Court do this? Would it require a lawyer? Thanks for any advice.

[BelizeBreeze]

Originally Posted by Redsprite

What is the name of your state? VA

I'm not certain I have the correct forum but I had a daughter with a person who is now deceased. We were not married. He is on her birth certificate, she collected SS under his name, etc. She recently discovered the State of Virginia is holding unclaimed property under his name and the name of the business he owned when he died. My daughter filed a claim to collect the unclaimed property (bank accounts) but they would not release the funds to her because she has no legal paper stating that she is his sole heir (he had no other children and was not married). His estate did not go through probate so there is no "List of Heirs" (the document asked for by State of Virginia).

Is there anyway to establish her as legal heir so that she can collect this property? Can a Virginia Court do this? Would it require a lawyer? Thanks for any advice.

Get a court order, get a shovel, start digging. When you hit wood or metal open the casket, snip off a bit of hair or fingernail, close the casket, then take the samples to a DNA lab for analysis.

Oh, and close the casket and put the dirt back. We dead like the piece and quiet.

[Redsprite]

Originally Posted by BelizeBreeze

Get a court order, get a shovel, start digging. When you hit wood or metal open the casket, snip off a bit of hair or fingernail, close the casket, then take the samples to a DNA lab for analysis.

Oh, and close the casket and put the dirt back. We dead like the piece and quiet.

Gee, if only you were as witty as you imagine yourself to be......

[BelizeBreeze]

Originally Posted by Redsprite

Gee, if only you were as witty as you imagine yourself to be......

Then point out ONE ITEM in my post that is factually inacurate.

I'll wait.

[Redsprite]

Originally Posted by BelizeBreeze

Then point out ONE ITEM in my post that is factually inacurate.

I'll wait.

Well, a DNA test is unnecessary because paternity is already established (his name on the Virginia birth certificate was all that was required). What she needs is a written document or Court Order that states she is the sole heir (only child). My question was if anyone knew if a Court would issue an Order to that effect and what might be required to get the process started.

[nextwife]

The issue is establishing SOLE heirship. And I believe that would require filing an intestate probate, if no will, and going through the appropriate publication and notice procedures so that any and all heirs and creditors have the legal right to make any claims against the estate.

[seniorjudge]

Originally Posted by Redsprite

What is the name of your state? VA

I'm not certain I have the correct forum but I had a daughter with a person who is now deceased. We were not married. He is on her birth certificate, she collected SS under his name, etc. She recently discovered the State of Virginia is holding unclaimed property under his name and the name of the business he owned when he died. My daughter filed a claim to collect the unclaimed property (bank accounts) but they would not release the funds to her because she has no legal paper stating that she is his sole heir (he had no other children and was not married). His estate did not go through probate so there is no "List of Heirs" (the document asked for by State of Virginia).

Is there anyway to establish her as legal heir so that she can collect this property? Can a Virginia Court do this? Would it require a lawyer? Thanks for any advice.

Q: Is there anyway to establish her as legal heir so that she can collect this property?

A: Yes, it is called a determination of heirship.


Q: Can a Virginia Court do this?

A: Yes; in fact, it must be done in Virginia.


Q: Would it require a lawyer?

A: Yes.

[Redsprite]

Thank you to everyone (well, almost everyone) who replied to my inquiry. You assistance was greatly appreciated.

[BelizeBreeze]

Now all you have to do is wait until someone comes along to point out the fatal flaw in your post.

[LdiJ]

Originally Posted by BelizeBreeze

Then point out ONE ITEM in my post that is factually inacurate.

I'll wait.

Uh BB...she collected social security on her father's account. That indicates that legal paternity was established. The SSA is really tough on that one.

[BelizeBreeze]

Originally Posted by LdiJ

Uh BB...she collected social security on her father's account. That indicates that legal paternity was established. The SSA is really tough on that one.

That is SSA, not the court.

[LdiJ]

Originally Posted by BelizeBreeze

That is SSA, not the court.

What I meant was that SSA standards are usually just as strong as the courts, if not stronger.

[Redsprite]

Originally Posted by LdiJ

What I meant was that SSA standards are usually just as strong as the courts, if not stronger.

The reason I never had a concern about paternity is because in Virginia, at least back when my daughter was born, the State would not put the man's name on the birth certificate if the couple was unmarried unless the man signed a document accepting paternity. I never needed his DNA because I had his John Han****. I don't think I'd have any problems in a Court in that regard.

[LdiJ]

Originally Posted by Redsprite

The reason I never had a concern about paternity is because in Virginia, at least back when my daughter was born, the State would not put the man's name on the birth certificate if the couple was unmarried unless the man signed a document accepting paternity. I never needed his DNA because I had his John Han****. I don't think I'd have any problems in a Court in that regard.

I agree... however I think that you are going to have to get a consult with a probate attorney to see how to proceed from here.