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Bio-Father's Will

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H

Hase

Guest
What is the name of your state? California

To make a long story short:

I located my biological father thirty years after birth. He has accepted his parentage, though he is not listed on my birth certificate. There are additional half-siblings.

Do I possess any legal rights to be considered in his will, i.e. the same rights accorded to his other, legitimate children?

Thank you for any and all replies.

Hase
 
Last edited:


I AM ALWAYS LIABLE

Senior Member
Hase said:
What is the name of your state? California

To make a long story short:

I located my biological father thirty years after birth. He has accepted his parentage, though he is not listed on my birth certificate. There are additional half-siblings.

Do I possess any legal rights to be considered in his will, i.e. the same rights accorded to his other, legitimate children?

Thank you for any and all replies.

Hase


=======================================


My response:

Were you adopted?

Are there any court documents confirming he is your bio-father, despite the fact he is not listed on your birth certificate.

Standing aside from your own situation, and not taking into consideration what he admits to, or what others have told you, is there any way that you can independently prove his parentage?

IAAL
 
H

Hase

Guest
I am not adopted, but was raised by my mother alone, e.g. I was not adopted by a step-father, for example.

There are no court documents or any type of documentation confirming he is my father.

I have only my mother's testimony, his willing declaration that I am his child, and many witnesses on both sides of the family that were informed of the situation at the time (1970). Also, a written letter from him in which he states that he is indeed my father.

Unfortunately, I have nothing else to go on. Does a striking likeness count? :)

Thank you for your help, IAAL.
 

I AM ALWAYS LIABLE

Senior Member
Hase said:
I am not adopted, but was raised by my mother alone, e.g. I was not adopted by a step-father, for example.

There are no court documents or any type of documentation confirming he is my father.

I have only my mother's testimony, his willing declaration that I am his child, and many witnesses on both sides of the family that were informed of the situation at the time (1970). Also, a written letter from him in which he states that he is indeed my father.

Unfortunately, I have nothing else to go on. Does a striking likeness count? :)

Thank you for your help, IAAL.
==========================================


My response:

Without a DNA test, and the confirming results, you won't be able to use any of the above testimony to prove paternity. All of that is "hearsay", and won't be enough to prove that you have any rights to his Estate.

While a Declaration of Paternity is "nice", it is also subject to dispute by other family members. DNA is "proof positive." So, get the DNA test while he's still alive; otherwise, you might have a huge court battle on your hands after he's dead.

Get him to voluntarily go to a lab with you for a DNA test.

Good luck to you.

IAAL
 

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