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Mybrother wouldn't have suicided if he knew he had a child..

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FAYANN

Junior Member
What is the name of your state (only U.S. law)? Mn
My brother suicided 3 years ago. At the time he had a son that he was not aware of. The woman had not told him though she stated she had known. Now she has come forth and wants EVERYTHING. His suicide note stated his wises for who should get what. My mother was the legal heir and divided the proceeds among myself and my other 3 siblings. We are happy to give her the proceeds from his home but she wants 2 cars and a camper that we kept. One car was given to his friend at my brother's request. Another car and a small camper we have kept. My question is can we charge storage for the cars and camper or do we have to just hand them over? She is quite evil and had my brother known he had a child he would still be alive. We are angry about her coming forward 3 years later when she finds out he is dead and now demanding EVERYTHING.What is the name of your state (only U.S. law)?
 


A

Antigone*

Senior Member
FAYANN said:
What is the name of your state (only U.S. law)? Mn
My brother suicided 3 years ago. At the time he had a son that he was not aware of. The woman had not told him though she stated she had known. Now she has come forth and wants EVERYTHING. His suicide note stated his wises for who should get what. My mother was the legal heir and divided the proceeds among myself and my other 3 siblings. We are happy to give her the proceeds from his home but she wants 2 cars and a camper that we kept. One car was given to his friend at my brother's request. Another car and a small camper we have kept. My question is can we charge storage for the cars and camper or do we have to just hand them over? She is quite evil and had my brother known he had a child he would still be alive. We are angry about her coming forward 3 years later when she finds out he is dead and now demanding EVERYTHING.What is the name of your state (only U.S. law)?
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Were your brother and her married? Was your brother legally declared the father of this child? I'd personally be telling this woman to pound sand until there was a court order making me perform.
 
T

TinkerBelleLuvr

Senior Member
If your brother didn't know that he had a child, how could this child be LEGALLY his child? Was his body exhumed to prove by DNA that it was his child?

If everything was probated, it's a little late to come after "stuff."
 
Just Blue

Just Blue

Senior Member
TinkerBelleLuvr said:
If your brother didn't know that he had a child, how could this child be LEGALLY his child? Was his body exhumed to prove by DNA that it was his child?

If everything was probated, it's a little late to come after "stuff."
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DNA can STILL be ordered if Dad has passed. Child may STILL be entitled to Dad's property/ estate once paternity has been established.
 
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nextwife

Senior Member
Blue Meanie said:
DNA can STILL be ordered if Dad has passed. Child may STILL be entitled to Dad's property/ estate once paternity has been established.
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But Mom has so far done nothing to establish paternity. Until she does, tell her the estate stands as distributed, as you have no legal basis to do otherwise.

Was Dad buried or cremated?
 
Just Blue

Just Blue

Senior Member
nextwife said:
But Mom has so far done nothing to establish paternity. Until she does, tell her the estate stands as distributed, as you have no legal basis to do otherwise.

Was Dad buried or cremated?
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It's legally possible for parents/siblings to submit to a DNA, as it is in the child's best interest to have paternity established.
 
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TinkerBelleLuvr

Senior Member
Blue Meanie said:
It's legally possible for parents/siblings to submit to a DNA, as it is in the child's best interest to have paternity established.
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It would have be both the grandma & the grandpa. And this is not cheap. From the sounds of it, there isn't much involved.

Would be interested to know how this mother KNOWS that it is the OP's brother's child.
 
A

Antigone*

Senior Member
TinkerBelleLuvr said:
It would have be both the grandma & the grandpa. And this is not cheap. From the sounds of it, there isn't much involved.

Would be interested to know how this mother KNOWS that it is the OP's brother's child.
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Maybe because the other 5 guys mom shacked up with have already been cleared by Maury Povich:rolleyes:
 
N

nextwife

Senior Member
Blue Meanie said:
It's legally possible for parents/siblings to submit to a DNA, as it is in the child's best interest to have paternity established.
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But can they be legally COMPELLED to submit to DNA testing against their wishes, as they are not a party to the paternity action?

Of course, I am sitting here thinking about how having DH or my DNA would do nothing to prove a potential grandchild's relationship.
 
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I

Isis1

Senior Member
nextwife said:
But can they be legally COMPELLED to submit to DNA testing against their wishes, as they are not a party to the paternity action?

Of course, I am sitting her thinking about how having DH or my DNA would do nothing to prove a potential grandchild's relationship.
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Wow. I have to say....that is a mind bender.
 
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