Lots of questions and a nervous wreck

[KELL]

What is the name of your state? New York

My daughters biological "donor" passed away. I have come to find out that he soley owned and is partners in about 7 businesses. My daughter is his only child. I have been told that whatever he has she is entitled to. I have also been told that if she isnt and I dont believe she is in it but if there was a will that I could contest it. She is a minor so I am having papers drawn up to be the exector (sp) for her. He has never had any rights to her but has paid child support for the last 12 years court odered. He was given the opportunuty when she was a baby to see her but they were supervised and he screwed that up because of drugs. Very odd thing is he is dead but I am still getting the child support, I am assuming his father who hates me beyond belief because of a difference in our religions is paying it thinking that I dont know he is dead OR he will just keep paying it to keep me away. Any more advice form any of you? I am at my wits end worrying about this. Does my daughter really have the right to all of these assets? Please help me

 

[Dandy Don]

Is the father listed on the birth certificate as such?

Normally the will (if there is one) is filed within 30 days after the death, at the county courthouse probate court. So you need to be checking there to see if a will has been filed. If there is one you can get a copy of it. IF daughter is named as beneficiary in the will, you won't need to contest it. If there is no will, then your daughter has priority legal standing as an heir under state law.

Of course your daughter has rights and you need to be getting your own probate attorney for advice and counsel.

 

[KELL]

Is the father listed on the birth certificate as such?

Normally the will (if there is one) is filed within 30 days after the death, at the county courthouse probate court. So you need to be checking there to see if a will has been filed. If there is one you can get a copy of it. IF daughter is named as beneficiary in the will, you won't need to contest it. If there is no will, then your daughter has priority legal standing as an heir under state law.

Of course your daughter has rights and you need to be getting your own probate attorney for advice and counsel.

Thank you Don, I just hired a lawyer/Law guardian for her. I dont know if there was a will or not. I havent heard anything. I am not friendly with his family. I "speak" through email with his sister in law, but I dont think she will be too willing to give up any info. Shes how I found out that he died. from what these lawyers told me she is entitled to any and all assets and businesses that he had in his name which are up to 7 that I know of. He is on the birth certificate and paternity has been established way back in family court.