i reside in california . i had a son with a woman i never married. he went through a malpractice suit from injuries he obtained at birth and was awarded an estate. 7 years later after living on and off with mother . i recieved custody of my son and other kids because of substance abuse on her part . i went through childrens social services to recieve custody . during this process i found out through a blood test my son was not my biological son ( the mother is unaware of this test ). of course i continued to be his father . i was named the presumed father or defacto father in the court custody papers . now , 10 years later my son passed away . currently we are in probate . for the first time in 17 years the mother is claiming me not being the biological father . and attempting to claim i have no rights to the inheritance of my sons estate. on my sons birth certificate my birth name is on it as his father . there is a plethra of evidence i have claimed him as my son . so do i have equal inheritance rights to his esate or not ? thanks.
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inheritance rights ?
- Thread starter donvdonv
- Start date
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seniorjudge
Senior Member
Sounds like ma is SOL (does not stand for statute of limitations).
SOL is legal jargon term, right?
Poster, I also want to express my condolences for your loss. I can't imagine losing a child. And how horrible that you are NOW having your paternity questioned after all that. What a piece of work mom is.
A parent is way more than a genetic contributor.
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Please explain what you mean by saying he was awarded an "estate"--do you mean your son was left some assets from the estate of a relative or that the monies he got from his lawsuit comprises his own estate?
What is the value of your son's estate?
Your son did not have a last will and testament, correct?
Do you have an attorney already regarding this matter?
With a case of this importance, you really need to be talking to a probate attorney or a civil law attorney in person to find out what your rights are. You probably are in a very strong position, but your case is so distinctively unusual and a bit rare, that an attorney would need to look at case law to see how a similar case to yours was handled in the past.
DANDY DON IN OKLAHOMA ([email protected])
What is the value of your son's estate?
Your son did not have a last will and testament, correct?
Do you have an attorney already regarding this matter?
With a case of this importance, you really need to be talking to a probate attorney or a civil law attorney in person to find out what your rights are. You probably are in a very strong position, but your case is so distinctively unusual and a bit rare, that an attorney would need to look at case law to see how a similar case to yours was handled in the past.
DANDY DON IN OKLAHOMA ([email protected])
inheritence rights
thanks for the responses and the thoughts .
there was never court ordered child support . we lived toghether for the most part until i got custody of my kids through ccs. and i always supported the family .
i believe the sol comment to mean she has passed the allowed 2 years to claim paternity issues.
he was awarded a settlement from the malpractice suit he went through against the doctor that messed him up at birth. an estate was set up for him with a trust fund and a needs ands cares account.
the value of the estate is around 750,000
there was no will or anything . he was a minor ( 17 years ) when he passed.
i have a probate attorney already . not sure how good ? she seems to believe probate code says the mother has 2 years to claim paternity . and its a little late to be trying .
im wondering if the test taken when i got custody will be able to be used against me ?
thanks for the responses and the thoughts .
there was never court ordered child support . we lived toghether for the most part until i got custody of my kids through ccs. and i always supported the family .
i believe the sol comment to mean she has passed the allowed 2 years to claim paternity issues.
he was awarded a settlement from the malpractice suit he went through against the doctor that messed him up at birth. an estate was set up for him with a trust fund and a needs ands cares account.
the value of the estate is around 750,000
there was no will or anything . he was a minor ( 17 years ) when he passed.
i have a probate attorney already . not sure how good ? she seems to believe probate code says the mother has 2 years to claim paternity . and its a little late to be trying .
im wondering if the test taken when i got custody will be able to be used against me ?
If she doesn't know about this test she can't use it against you.
What your current attorney has told you is probably correct, but you should seriously consider getting a second opinion from another attyorney OR ask your current attorney to search the case law to see if there is a case or situation similar to yours and what the outcome was to see if you have anything to be concerned about or not. If your current attorney can't or won't do the case law research on this, consult with a different attorney. The outcome of this is too important to be left to chance.
What your current attorney has told you is probably correct, but you should seriously consider getting a second opinion from another attyorney OR ask your current attorney to search the case law to see if there is a case or situation similar to yours and what the outcome was to see if you have anything to be concerned about or not. If your current attorney can't or won't do the case law research on this, consult with a different attorney. The outcome of this is too important to be left to chance.
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