Am I the heir?

[reddelta051]

What is the name of your state?Mississippi

I recently found out my dad was not my biological father. He never knew. My mother put his name on the birth certificate before she married him. I found out that I am along with others are heir to 350 acres of land. but because they know I am not a biological child they say no the will is strict in wording. No problem...the land went in default for taxes..my son paid all the back taxes..he is not a biological heir. so he put the property in his name. Now they want it back

My biological father was heir to over 350 acres of land as well. Since I know he is my father am I a heir to that?

 

[adjusterjack]

Since I know he is my father am I a heir to that?

You'll need a lawyer to read the will and answer that question.

As for:

the land went in default for taxes..my son paid all the back taxes. so he put the property in his name.

If you mean he bought it at a tax auction, and the tax agency conveyed ownership to him with a recorded deed, then he owns it and he's free to tell the relatives to pound sand.

If that's not what happened, then the lawyer can address that, too.

 

[LdiJ]

You'll need a lawyer to read the will and answer that question.

As for:



If you mean he bought it at a tax auction, and the tax agency conveyed ownership to him with a recorded deed, then he owns it and he's free to tell the relatives to pound sand.

If that's not what happened, then the lawyer can address that, too.

It may be that its still within the redemption period.

 

[LdiJ]

What is the name of your state?Mississippi

I recently found out my dad was not my biological father. He never knew. My mother put his name on the birth certificate before she married him. I found out that I am along with others are heir to 350 acres of land. but because they know I am not a biological child they say no the will is strict in wording. No problem...the land went in default for taxes..my son paid all the back taxes..he is not a biological heir. so he put the property in his name. Now they want it back

My biological father was heir to over 350 acres of land as well. Since I know he is my father am I a heir to that?

You should consult with an attorney. If he never knew that he was not your biological father then he would have had no reason to specifically exclude you from the will. He WAS your legal father and that makes you equal to your siblings as far as inheritances go.

At this time you would not be an heir to your biological father's estate as paternity was never established. You are unable to force paternity to be established at this point as well.

 

[Taxing Matters]

At this time you would not be an heir to your biological father's estate as paternity was never established. You are unable to force paternity to be established at this point as well.

Two points here. First, whether the OP could initiate a paternity action at this point in time depends very much on the applicable state law, and we don't know where the putative biological father now lives. However, if it is Mississippi then you are correct the OP cannot bring a paternity action if the OP is over age 21. If it is another state, the rule may be different.

Second, even if the OP cannot bring a paternity action he/she may still be able to bring a challenge to the biological father's estate distribution and assert that he/she is a child of the deceased and entitled to a share of the estate. That is not a paternity action so the SOL that applies to paternity claims would not apply.