Legal Question in Wills and Trusts in Georgia

How do I go about filing a petition for name change of my newborn daughter & 3 year old son to have their fathers last name he recently passed away in February? Also, how do I get DNA for my daughter, I have to have that done in order for her to receive social security benefits?


Asked on 5/24/16, 1:11 pm

1 Answer from Attorneys

You can't just file a name change petition. It sounds like the children were born out of wedlock and were never legitimated. If that is the case and if the father lived in GA, the children cannot just inherit from their father or take his last name. Paternity will have to be established. DNA testing is part of the paternity case. Once the court enters a finding of paternity, a new birth certificate can be issued. This will allow the children to get Social Security benefits and will entitle them to inherit any estate from their father. You are going to need an attorney.

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Answered on 5/24/16, 7:51 pm


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