I need to know my rights regarding paternal inheritance in Oregon...

[EML1980]

Hello. I was born in & still reside in Maryland. I am thirty-one years of age. My parents were never married. My mother never filed a paternity suit, or for child support, from my mother, as he threatened her she'd get nothing if she started legal proceedings. (Unfortunately for her & for me, he was wrong, and she would've most certainly gotten something from him. And she would've been able to establish my paternity for good.) However, he DID pay her $150/month until I turned eighteen, from around the time that I was two years old. He attempted to "keep me hidden" by giving her this money on the sly, though occasionally his money came via check, not cash. My mother is 100% certain that he was my father, as she was with no one else at all. I believe her, especially as I look exactly like him, and I am perfectly willing to get this proven through DNA testing, if needed. I realize I have no right to his money while he is alive, and cannot recoup lost child support. My question is whether or not I would be able to obtain money from his estate when he dies. He resides in Oregon. He is in many of my family photographs (from my mother's family, that is), so I also have photographic evidence that he WAS a serious part of my mother's life, as well- it was not a "one-night stand" situation, if that makes any difference. I have no relationship with my father nor my half-siblings by him, having only spoken to my father twice on the telephone when I was a teenager, and only then because he hadn't sent his monthly "stipend". He did regularly visit me until I was about two years old, though. I believe that as his biological child I have as much right to his life insurance & any other estate that he leaves behind as his other children (who are all "legitimate"), and I know Federal law is generally supportive of that- but state law is more confusing. I do NOT want to start legal proceedings while he is alive, if at all possible, because I fear my father would then simply alter all of his documents (if he hasn't already- of course I have no way of knowing for certain) to make sure I'm kept from his estate explicitly.

 

[Silverplum]

Hello. I was born in & still reside in Maryland. I am thirty-one years of age. My parents were never married. My mother never filed a paternity suit, or for child support, from my mother, as he threatened her she'd get nothing if she started legal proceedings. (Unfortunately for her & for me, he was wrong, and she would've most certainly gotten something from him. And she would've been able to establish my paternity for good.) However, he DID pay her $150/month until I turned eighteen, from around the time that I was two years old. He attempted to "keep me hidden" by giving her this money on the sly, though occasionally his money came via check, not cash. My mother is 100% certain that he was my father, as she was with no one else at all. I believe her, especially as I look exactly like him, and I am perfectly willing to get this proven through DNA testing, if needed. I realize I have no right to his money while he is alive, and cannot recoup lost child support. My question is whether or not I would be able to obtain money from his estate when he dies. He resides in Oregon. He is in many of my family photographs (from my mother's family, that is), so I also have photographic evidence that he WAS a serious part of my mother's life, as well- it was not a "one-night stand" situation, if that makes any difference. I have no relationship with my father nor my half-siblings by him, having only spoken to my father twice on the telephone when I was a teenager, and only then because he hadn't sent his monthly "stipend". He did regularly visit me until I was about two years old, though. I believe that as his biological child I have as much right to his life insurance & any other estate that he leaves behind as his other children (who are all "legitimate"), and I know Federal law is generally supportive of that- but state law is more confusing. I do NOT want to start legal proceedings while he is alive, if at all possible, because I fear my father would then simply alter all of his documents (if he hasn't already- of course I have no way of knowing for certain) to make sure I'm kept from his estate explicitly.

Here are a couple of very basic explanations of your status, which is none (so far as I can tell):

http://www.ehow.com/info_8613781_inheritance-child-deceased-father-oregon.html?utm_source=ehow_opar&utm_medium=1&utm_campaign=momme1

http://www.ehow.com/info_8261928_oregon-inheritance-laws.html

Here's a link to the OR Revised Statutes pertinent to your question:

http://www.oregonlaws.org/ors/112.015

 

[Eekamouse]

Here's a thought. Why don't you try to establish a relationship with him while he's still alive so he can get to know his greedy child before he kicks the bucket and you start fighting for your windfall.

 

[anteater]

I believe that as his biological child I have as much right to his life insurance & any other estate that he leaves behind as his other children (who are all "legitimate"), and I know Federal law is generally supportive of that- but state law is more confusing.

Federal law? There is no federal probate law.

One of Silverplum's links mentions this, but to spell it out...

If he dies without a will and you can convince the court that you are his child, then you are entitled to whatever a child is entitled to under intestate succession.

If he does have a will:

a) if he acknowledges you in some way as his child in the will and leaves you nothing, you have almost no chance of receiving anything from his probate estate

b) if he does not acknowledge you at all, then you consult with an experienced Oregon probate attorney to determine if you have a winnable argument that you were overlooked


Children do not have any absolute right to inherit from parents.

 

[TheGeekess]

I believe that as his biological child I have as much right to his life insurance & any other estate that he leaves behind as his other children (who are all "legitimate"), and I know Federal law is generally supportive of that- but state law is more confusing. I do NOT want to start legal proceedings while he is alive, if at all possible, because I fear my father would then simply alter all of his documents (if he hasn't already- of course I have no way of knowing for certain) to make sure I'm kept from his estate explicitly.

Then you believe wrong. Life insurance goes to the NAMED beneficiaries, and not anyone else.