can I contest my fathers will?

[tya385]

What is the name of your state? fl
My father disinherited me in his will. However in the part where he is suppose to state my name and relationship to me, he stated i was a friend and not his biological son. My parents where never married and his name is not on my birth certificate. Can i contest the will since he stated the wrong relationship to my name? Technically that could be anyone else since i am his son I know he did this on purpose since he never wanted to admit i was his child. By doing so, he would have been admitting to an affair. What can i do?

 

[nextwife]

What is the name of your state? fl
My father disinherited me in his will. However in the part where he is suppose to state my name and relationship to me, he stated i was a friend and not his biological son. My parents where never married and his name is not on my birth certificate. Can i contest the will since he stated the wrong relationship to my name? Technically that could be anyone else since i am his son I know he did this on purpose since he never wanted to admit i was his child. By doing so, he would have been admitting to an affair. What can i do?

Was paternity ever legally established?

 

[Dandy Don]

The fact that he erred in mentioning you as a friend has no effect--you are still disinherited by name. Did he mention in the will why you were disinherited?

 

[nextwife]

The fact that he erred in mentioning you as a friend has no effect--you are still disinherited by name. Did he mention in the will why you were disinherited?

And if paternity were never LEGALLY established, his status at this point is nothing more than that. A child born out of wedlock has no legal father UNTIL paternity is established. This can be done in several ways, but must be done prior to dad having any paternal rights or paternal obligations.

 

[Betty]

Sorry, but it looks like you are apparently out of luck here - particularly since you were disinherited in the will & by name.

 

[tya385]

No paternity was never established. Can I establish paternity with one of his children?

 

[tya385]

Is someone suppose to mention why they are disinheriting someone?

 

[anteater]

Is someone suppose to mention why they are disinheriting someone?

No, that is not a requirement. Nor is it required that someone be specifically mentioned as not receiving anything under tems of the will.

However, both would aid in preempting a challenge to a will on the grounds that a presumptive heir was inadvertently overlooked.

 

[seniorjudge]

No paternity was never established. Can I establish paternity with one of his children?

Are you the father of one of his children?

 

[seniorjudge]

No, that is not a requirement. Nor is it required that someone be specifically mentioned as not receiving anything under tems of the will.

However, both would aid in preempting a challenge to a will on the grounds that a presumptive heir was inadvertently overlooked.

Translation into plain English:

You don't have to tell why you cut someone out of the will.

You don't have to call someone's name and say they are cut out of the will.

But, if you weren't mentioned and you were disinherited, you could say that you should've gotten something because you were an heir. Those two things (you weren't mentioned and you were disinherited) would help show you were accidentally left out.


This doesn't apply to you since you were mentioned in the will.

 

[nextwife]

Translation into plain English:

You don't have to tell why you cut someone out of the will.

You don't have to call someone's name and say they are cut out of the will.

But, if you weren't mentioned and you were disinherited, you could say that you should've gotten something because you were an heir. Those two things (you weren't mentioned and you were disinherited) would help show you were accidentally left out.


This doesn't apply to you since you were mentioned in the will.

Of course, you'd need to FIRST establish that you ARE an heir. Why did mom never do that? If she never did is there proof you actually ARE his son?

And, another example that would have made the will challengable: if you had been born or adopted AFTER the date of that will, which I am presuming was not the case.

 

[tya385]

is'nt my dna enough evidence? Wouldn't a judge order a dna test to establish paternity if I challenged His will? This man has made a carreer out of making and abandoning his kids. Trust when I say I am not his only illegitemate kid out here. My mother was never able to get anything out of him. The fact that he was in the marines and married and he had all these children with other woman would have been the end to his military career. Adultery is punishable in the military. Especially in his situation.

 

[Betty]

The problem is even if you are his son, he disinherited you in the will by name. It would be a better case for you had he not mentioned you in the will - you could claim it was an oversight.

 

[Dandy Don]

If there is official, unpaid, past due child support due to you, consult an attorney about how to file a claim for that against the estate.

DANDY DON IN OKLAHOMA ([email protected])

 

[nextwife]

is'nt my dna enough evidence? Wouldn't a judge order a dna test to establish paternity if I challenged His will?

Your DNA establishes that it comes from YOU. You also need dad's to establish paternity. Did he die accidentally? Might the medical examiner have some DNA?

If you were a minor, mom could have legally filed to compel dad to submit to a dna test. Unless one of your siblings will willingly submit DNA, I'm not sure you can legally force them to provide it. And let's say you did, if that sib's mom had lied to dad about paternity, and he was not actually their biodad (there are lots of laws that impose legal paternity where biological paternity doesn't really exist, such as "born from the marriage, signed the affidavit of paternity, default judgement in court because they didn't receive/respond to a paternity action"), then thAT dna WOULD NOT MATCH.