I want what is owed me

[micmousse30]

What is the name of your state? Tennessee/ Michigan
My biological father is in Tennessee on his last legs if I am lucky. I want to know how do I get any inheritance when he dies. I have him on my birth certificate and pictures of him when he was married to my mother. I also have pictures of him with me as a child. I know he will not put me in the will especially if he is still married to the last wife I knew. She had the one thing he had hoped for his whole life, sons. However I am the only biological child he claimed. I live in Michigan but when he was married to my mother we lived in Kentucky. I just want what he should have given me years ago. He did have contact with me unitl I was 21. I also have the only biological grandchild of his line. What is the name of your state?

 

[Just Blue]

What is the name of your state? Tennessee/ Michigan
My biological father is in Tennessee on his last legs if I am lucky. I want to know how do I get any inheritance when he dies. I have him on my birth certificate and pictures of him when he was married to my mother. I also have pictures of him with me as a child. I know he will not put me in the will especially if he is still married to the last wife I knew. She had the one thing he had hoped for his whole life, sons. However I am the only biological child he claimed. I live in Michigan but when he was married to my mother we lived in Kentucky. I just want what he should have given me years ago. He did have contact with me unitl I was 21. I also have the only biological grandchild of his line. What is the name of your state?

If he doesn't put you in the will, you are entitled to nothing. He can will his property and money to whom ever he wants...

 

[nextwife]

What our parents have is theirs, to do with as they wish. If he dies intestate, you'd have a claim on a portion of any assets subject to probate, but if he has a will, the will controls. Once we are adults they "owe" us nothing.

My dad died when I was a kid - and all his estate went to my mom. And we were very close. I never felt cheated or denied anything, because what he and his wife built and acquired together belonged to them.

"I live in Michigan but when he was married to my mother we lived in Kentucky. I just want what he should have given me years ago." What "should" he have given you years ago? As an adult, you have just as much responsibility for having a relationship with your father as he does.

 

[Dandy Don]

Was he ever ordered to pay your mom child support for you and does he possibly owe unpaid child support to you? If so, then you can file a claim against his estate for the unpaid amount.

 

[nextwife]

Was he ever ordered to pay your mom child support for you and does he possibly owe unpaid child support to you? If so, then you can file a claim against his estate for the unpaid amount.

Dandy Don, wouldn't an arrearage collected belong to his mom, not him? CS is reimbursement to the CP.

 

[fairisfair]

Dandy Don, wouldn't an arrearage collected belong to his mom, not him? CS is reimbursement to the CP.

you are right, unless of course mom is deceased as well. Then he might have some claim.

MI also has a SOL on collection of back child support of 10 years.

 

[nextwife]

you are right, unless of course mom is deceased as well. Then he might have some claim.

And that's only IF there was a court order for CS and if there was an arrearage, and if there was not a statute of limitations in the applicable state at that time that would apply, as some states did have them. And if mom never attempted to collect, any collection attempt decades later might be barred by laches.

But if there is no CS arrearage, there exists no parental obligation POST majority to leave one's adult kids an inheritance. Our parents do not "owe" us their money.

 

[fairisfair]

And that's only IF there was a court order for CS and if there was an arrearage, and if there was not a statute of limitations in the applicable state at that time that would apply, as some states did have them. And if mom never attempted to collect, any collection attempt decades later might be barred by laches.

and hence the word might. Personally, I take exception with the first sentence of his post, and don't really feel like helping him anyway.

 

[nextwife]

I know. Nice, huh? "If I'm lucky my dad is dying soon." Lovely.