G
gale1220
Guest
What is the name of your state? Illinois
I was guardian for a man for 15 years who died last year and left no will. The estate has been in probate for over one year. His mother,91 is alive and one sister and one brother who are the heirs by DNA. I am only acting on their behalf to assist them in their efforts. There was a claim put against the estate by a young man claiming to be a son, with a different last name which has been proven not to be a blood relative by DNA tests. He was allowed by the courts to get two testings and they both were negative. Now the attorney for the Estate has a summary judgement hearing set on the 24th of this month, but the attorney for the claimant has not replied to the summary judgement but instead has filed a personal lawsuit against the heirs, that the claimant is entitled to all of the estate based on him being raised like a son in the deceased home for a period of maybe 12 years and always told by his mother (who lived with the deceased for that period of time but never married to him) that he was his son. My question is at the summary judgement if the judge declares the 3 of them as legal heirs as proven by the DNA, can this personal lawsuit stop the distribution of the funds by the estate administrators? And what would be the courts position on permitting this suit to go to trial?
I was guardian for a man for 15 years who died last year and left no will. The estate has been in probate for over one year. His mother,91 is alive and one sister and one brother who are the heirs by DNA. I am only acting on their behalf to assist them in their efforts. There was a claim put against the estate by a young man claiming to be a son, with a different last name which has been proven not to be a blood relative by DNA tests. He was allowed by the courts to get two testings and they both were negative. Now the attorney for the Estate has a summary judgement hearing set on the 24th of this month, but the attorney for the claimant has not replied to the summary judgement but instead has filed a personal lawsuit against the heirs, that the claimant is entitled to all of the estate based on him being raised like a son in the deceased home for a period of maybe 12 years and always told by his mother (who lived with the deceased for that period of time but never married to him) that he was his son. My question is at the summary judgement if the judge declares the 3 of them as legal heirs as proven by the DNA, can this personal lawsuit stop the distribution of the funds by the estate administrators? And what would be the courts position on permitting this suit to go to trial?