Can probate for my father's estate be reopened after 7 years?

[klokkille]

What is the name of your state? I'm currently not living in the U.S. However all other parties involved live in California.

So after my father died (around 7 years ago) we found out that he had likely been having an affair with a woman in town and had had another child. The woman tried to get child support money from my fathers estate, but was never able to establish paternity for her daughter. So my mom inherited everything. The woman is still wants me to get a dna test done to try and prove paternity, but so far I haven't had to. I have come back and visited the U.S. for short visits several times and have not had issues because the woman had not found out about my visit until after I left.

However, my husband and I are considering coming for a more extended stay during which time she would likely find out that I am around. If she does and I do end up having to take a dna test is there a chance my dads estate would be reopened? To be clear my mother doesn't actually have the money from the estate anymore. She does however still live in the house that was half owned by my dad. I dont want to risk her losing her home so I will avoid the extended trip if there is a chance of that happening.

 

[zddoodah]

I'm currently not living in the U.S. However all other parties involved live in California.

That's fine, but was the probate of your father's estate handled in California?

my mom inherited everything.

Did your father have a will that left everything to her? If not, how was it that she inherited everything?

The woman is still wants me to get a dna test done to try and prove paternity, but so far I haven't had to. I have come back and visited the U.S. for short visits several times and have not had issues because the woman had not found out about my visit until after I left.

You do not have and never will have any obligation to submit to a DNA test without a court order, and I'm not aware of any basis on which this woman (or her child if the child is an adult) might be able to obtain such an order.

However, my husband and I are considering coming for a more extended stay during which time she would likely find out that I am around.

It's not legally relevant, but I'm curious how it is that she might find this out.

If she does and I do end up having to take a dna test is there a chance my dads estate would be reopened?

When was the probate case for your father closed out? For that matter, was his estate actually probated?

I'll have more to tell you once you answer the questions I asked.

 

[klokkille]

That's fine, but was the probate of your father's estate handled in California?




Did your father have a will that left everything to her? If not, how was it that she inherited everything?




You do not have and never will have any obligation to submit to a DNA test without a court order, and I'm not aware of any basis on which this woman (or her child if the child is an adult) might be able to obtain such an order.





It's not legally relevant, but I'm curious how it is that she might find this out.




When was the probate case for your father closed out? For that matter, was his estate actually probated?

I'll have more to tell you once you answer the questions I asked.

Yes, it was handled in California.

Yes, his will left everything to her.

There was a court order to get dna from my dad's body, but he was already cremated by then. Supposedly there is a court order for me too, but I have never actually been served or officially notified.

They all live in a relatively small town. So word gets around.

I think it took about a year or so after he died for everything to get settled because the woman got involved.

 

[LdiJ]

Yes, it was handled in California.

Yes, his will left everything to her.

There was a court order to get dna from my dad's body, but he was already cremated by then. Supposedly there is a court order for me too, but I have never actually been served or officially notified.

They all live in a relatively small town. So word gets around.

I think it took about a year or so after he died for everything to get settled because the woman got involved.

I don't know how they could have gotten a court order for you to submit to a DNA test. One thing that you should do is have someone (perhaps an attorney) research at the local courthouse where an order would have been made, to verify whether or not such an order actually exists.

 

[zddoodah]

If his will left everything to his wife/your mother, then that should be the end of the discussion as long as his will was properly drafted. Your mother would need to have a lawyer review the situation and advise her. If, in fact, there is a court order for you to submit to a DNA test, then it's not inconceivable - because you live out of the country - that the woman or her child might still have time to make things happen. Have you checked at the court's website to try and verify the existence of the order? How did you become aware that this order might exist?

 

[klokkille]

If his will left everything to his wife/your mother, then that should be the end of the discussion as long as his will was properly drafted. Your mother would need to have a lawyer review the situation and advise her. If, in fact, there is a court order for you to submit to a DNA test, then it's not inconceivable - because you live out of the country - that the woman or her child might still have time to make things happen. Have you checked at the court's website to try and verify the existence of the order? How did you become aware that this order might exist?

I thought there was still something where minor children are entitled to child support and can get it form the estate even if there is a will?

She gloated to my mother about it back then. There has also been several times after I've visited that someone (a different person each time) has come around to my moms house asking for me. We've both assumed they were trying to serve me. I will look into checking online and seeing if I can find if it actually exists.

 

[zddoodah]

I thought there was still something where minor children are entitled to child support and can get it form the estate even if there is a will?

Child support is an obligation owed by one parent to the other, not to the child. Also, you haven't disclosed the child's age. If child support had been ordered before he died, then it could have been enforced against the estate. However, I'm not aware of any provision of California law that would allow for a first-time child support order against a deceased person - especially when that person has been dead for many years and probate was closed.

Obviously, this woman knew (or believed she knew) who the father was when he was still alive and, apparently, made no effort to obtain support, and she also failed to file a claim against the estate after he died. The law generally does not provide relief for people who so egregiously sleep on their rights.

 

[klokkille]

Child support is an obligation owed by one parent to the other, not to the child. Also, you haven't disclosed the child's age. If child support had been ordered before he died, then it could have been enforced against the estate. However, I'm not aware of any provision of California law that would allow for a first-time child support order against a deceased person - especially when that person has been dead for many years and probate was closed.

Obviously, this woman knew (or believed she knew) who the father was when he was still alive and, apparently, made no effort to obtain support, and she also failed to file a claim against the estate after he died. The law generally does not provide relief for people who so egregiously sleep on their rights.

I don't know her exact age right now, but she was only a baby back then so she's probably around 8 or 9.

 

[LdiJ]

Child support is an obligation owed by one parent to the other, not to the child. Also, you haven't disclosed the child's age. If child support had been ordered before he died, then it could have been enforced against the estate. However, I'm not aware of any provision of California law that would allow for a first-time child support order against a deceased person - especially when that person has been dead for many years and probate was closed.

Obviously, this woman knew (or believed she knew) who the father was when he was still alive and, apparently, made no effort to obtain support, and she also failed to file a claim against the estate after he died. The law generally does not provide relief for people who so egregiously sleep on their rights.

It sounds like the dad died shortly after the baby was born, so I am not sure that it can be said that the mother failed to make a claim. It sounds like the mother worked hard to try to establish paternity which is the first step in try to obtain child support.