thrownintothis said:
My brothers name is on the copy of the birth certificate she sent along with her demand letter. My brother died in 1992, I didn't know the child existed so I don't know when or how she heard of his death. She is aware of his death according to the letter I received, but I am unsure of how long she has known. I have heard from several lawyers in my area that the SOL has run out so I shouldn't have to worry. Do you think I will be hurting myself by waiting for her to obtain a lawyer if she's going to? I don't even know that she is my brother's daughter. My brother was a paranoid schizophrenic who was suicidal. His death was ruled an overdose, but the way his body was discovered some think it was suicide. If she's entitled to anything that's fine. I just don't want her coming back in a couple years and me possibly not having the money to give her and having to get a loan to settle this when it could be done now.
Did your brother have any other heirs? What happened to his share? What was his share of the estate?
Your brother was a PS so it is unlikely that he was legally competent, his lack of competency should not adversely affect his legal heirs and it could be argued that since you didn't attempt to contact her that the statute of limitaitons begins with the date of discovery.
While his name on the BC doesn't establish paternity as it would today since a couple must be married, AOP or adjudicated, it is still possible he is her father or at least the person she had every reason to believe was her father. Since he dies while she was a minor, if he worked, and or had social security disability benefits, she would have been entitled we just don't have the facts here.
She has every right to obtain counsel and make a claim, and make arguments for not being timely. I think it is possible to argue the case depending upon the facts. You can wait for her to do that.
What is morally right? This is a child that for what ever reason didn't know her father or have an opportunity to know him, or you to know she existed and may have even been denied benefits to which she was entitled. My suggestion since you still have the money is to get a DNA test, this can be done with family members if there is no retained DNA source available or another sibling. Then welcome her into the famly and distribute her inheiritance to her. If she is proved to be your niece, why run up legal bills needlessly? The $500 or so for a DNA test will be worth the investment.
