Legal Question in Wills and Trusts in California

Am I entitled to any of my fathers estate when he dies

I was born out of wedlock in 1954. My dad was never named on my birth cert. My mom and dad were never married.I was born in austria but my mom and I live in ny now and my dad now lives in ca. He has very much money and assets. Would I be entitled to any of his estate when he passes. He is 86 years old. He has never supported me in my life and just came into my life 3 years ago by his choice.Please let me know how I would go about being named as an heir and getting what is rightfully mine. i have also have a 1/2 brother.from my dads marriage . Do I have to prove paternity? Thank you


Asked on 3/10/02, 4:22 pm

3 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Am I entitled to any of my fathers estate when he dies

You have already been advised that you have rights if your father dies without a will. But you have no reason to trust that he does not have a will. Now is the time for frank discussions. Tactfully, you need to let your father know that you hope he will give you your birthright. Hopefully he will not play games with you and will give you the assurance you need.

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Answered on 3/11/02, 9:52 pm
Daniel Clement Law Offices of Daniel Clement

Re: Am I entitled to any of my fathers estate when he dies

Your father will either have to acknowklegde paternity or you will have to prove it.

Daniel Clement

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Answered on 3/11/02, 10:46 am
Victor Hobbs Victor E. Hobbs

Re: Am I entitled to any of my fathers estate when he dies

Get your Mom to sign an Affidavit that the man you now know as your Father is in fact your Father. (This is a sworn statement in writing sworn to before a Notary.) Then save every letter from the man who has come into your life as a Father. Make copies and put the originals in a very safe place, like a bank safety deposit box. You will be entitled to a part of his estate. Unless he does a Will, and expressly cuts you out. If he dies without a Will, this is called intestate succession, you'll still inherent part of his estate. If your Mom is dead then do the rest and lots of luck.

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Answered on 3/10/02, 4:39 pm


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