Legal Question in Wills and Trusts in Minnesota

blood rights vs guardianship rights to inheritance

My grandmother was given a child of the mother who died at birth in 1910. My aunt recently died and no will has been found to date. A birth certificate created by my grandmother some 30 yrs after the fact, bearing my aunts name and the name of a man which my grandmother thought was the father although he never claims my aunt as his child, is on this certificate. Now the attorney handling the estate in california is declaring that this man's decendants are entitled to her entire estate and that the family who raised her and knew her for her entire life has no rights reguarding this matter. This can't be right!The man was 35 and the mother 19, possible statatory rape.No social security No,middle initial,date of birth,or signature appears on this form which would be necessary to positively identify him. He nor his decendants never acknowledged her during her entire lifetime. Is this document enough proof to award this large estate to them. What must I do to challenge this? Is my grandmother listed as guardian and next of kin have any legal standing as a formal adoption or other? What proof is there that this man is actually blood? he could have lent his name, the mother could have had other relationships during this time period? Help


Asked on 4/15/04, 10:23 pm

1 Answer from Attorneys
Melvin Peterson 763-424-6442

Re: blood rights vs guardianship rights to inheritance

Unless there was a formal adoption by your grandmother, the descendants of her father would inherit the estate. You would have to file a petition challenging the validity of the birth records and require proof that this man is the birth father of your aunt. You will need to hire an attorney to help you with this challenge. Since he never supported "his" daughter, a claim for back child support, etc. could perhaps be filed against the estate. An attorney representing your family could file a counter petition, claiming that the heirs on the mother's side of the family are entitled to the estate. This would require court hearings and formal documents be filed.

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Answered on 4/21/04, 5:02 pm


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