Unknown Child

[Goodfella]

What is the name of your state (only U.S. law)? TN
Several years ago, I had a casual relationship with a woman. A few months after the relationship ended, she contacted me to let me know she was pregnant with my child. She was only calling to find out family health history and in no way was asking for support or to have any contact or involvement with the child. She and her then boyfriend, who ultimately became her husband raised the child from birth.
18 years later...I am now married with a beautiful 4-year-old girl and I have been thinking about her half brother out there somewhere that I have never seen.
My question: If this person, who is now 18, decides to contact me or I contact him, would he have any legal right to my estate in the event that I died?

 

[waitinMd]

are you on the child's birth certificate?

 

[Goodfella]

are you on the child's birth certificate?

I assume not, but I can't be 100% sure. Also, no legal paternity has ever been established.

 

[waitinMd]

That makes it harder for him, but if he can prove his is your child, then yes he should be able to lay claim to any estate. He is after all your flesh and blood.

I'm not sure what happens if the child was adopted by the husband. I'm sure someone else can answer that question.

 

[LdiJ]

What is the name of your state (only U.S. law)? TN
Several years ago, I had a casual relationship with a woman. A few months after the relationship ended, she contacted me to let me know she was pregnant with my child. She was only calling to find out family health history and in no way was asking for support or to have any contact or involvement with the child. She and her then boyfriend, who ultimately became her husband raised the child from birth.
18 years later...I am now married with a beautiful 4-year-old girl and I have been thinking about her half brother out there somewhere that I have never seen.
My question: If this person, who is now 18, decides to contact me or I contact him, would he have any legal right to my estate in the event that I died?

If paternity was not established, no. I suspect that her boyfriend/husband accepted legal paternity of the child, therefore its likely that he has a legal father, and its not you.

If he had any right to your estate (and again, I am sure he does not) then that right would exist even if you never made contact with him. He could pop up after you passed away.

You can also make sure that you have a solid will in place as well...which would eliminate the entire concern.

I will also add a small piece of personal advice. Its important that your daughter know that she has a sibling out there, and possibly names if you can provide them. Wierd things happen in this world and the last thing that you want is for your daughter to end up unknowingly being involved with a relative.

 

[nextwife]

If the child has a legal father, regardless of that father's DNA, it is the LEGAL father from whom he'd inherit. If she was married when the child was born, that man would be the legal father UNLESS paternity was legally DIS-established. My daughter would NOT inherit from her biological parents, for example, but could inherit from her legal parents.

 

[hearts41]

If paternity was not established, no. I suspect that her boyfriend/husband accepted legal paternity of the child, therefore its likely that he has a legal father, and its not you.

If he had any right to your estate (and again, I am sure he does not) then that right would exist even if you never made contact with him. He could pop up after you passed away.

You can also make sure that you have a solid will in place as well...which would eliminate the entire concern.

I will also add a small piece of personal advice. Its important that your daughter know that she has a sibling out there, and possibly names if you can provide them. Wierd things happen in this world and the last thing that you want is for your daughter to end up unknowingly being involved with a relative.

Wow thats a really good point. Great advice.

 

[Goodfella]

Wow thats a really good point. Great advice.

Well...she's 4 and he's 18. I do know his name and I will tell her the situation when the time comes.

 

[nextwife]

Wierd things happen in this world and the last thing that you want is for your daughter to end up unknowingly being involved with a relative.

Considering how very many children out there not only don't know their legal dad is NOT their biodad, but how many biodads are prohibited legally from forcing a paternity test if they ever DO determine that mom may have cheated, and how many women have their guy-du-jour sign the birth certificates and/or AOPs, regardless of actual paternity, theres probably way MORE opportunities for this than people realize. Our laws do NOT make determination of the truth of bioparentage important enough.

 

[LdiJ]

Well...she's 4 and he's 18. I do know his name and I will tell her the situation when the time comes.

Good...when she is 30 and he is 44, you don't want any major traumna to come along. The odds are not likely of it happening, but wierder things have happened in this world.