Legal Question in Federal Tort Claims in Alabama

is a obitiary and a newspaper a legal document?

I want to know if a obitiary and a a newspaper is a legeal doctument. my family is reciving money from my uncle. But they I dont get anything because my name does not have my dad on my birth certificate. But they put in an obitiary one obitary says loving neice and my daddy obitatry says daughter.


Asked on 7/26/06, 2:04 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: is a obitiary and a newspaper a legal document?

For purposes of "proving" who your "legal" father is, the newspaper clips and obituary alone, would NOT be sufficient to "prove" paternity; nor sufficient to prove that your child has any right or entitlement to be a "legal" beneficiary of "family" property, derived from relatives of the alledged "natural" father, of your child.

Additionally, attempting to collect a bequest provided to "legitimate" heirs of an "alleged" father's sibling, that was not provided to "illegimate" heirs, may not be a good use of your time. The specific terms, of the Uncle's Will, control; and the Uncle did not have any statutory or other obligation to provide for your child.

In many US states in the past, an "illegitimate" child (even if named in a Will) often was not entitled to claim or receive anything from their father's estate or anything from a father's relatives.

Although, that rule has essentially been eliminated, there continues exist the necessity that any person claiming entitlement to something based upon their blood relations, must present irrefutable "proof" of their natural parents.

Good luck,

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Answered on 7/26/06, 3:47 pm


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