Legal Question in Family Law in Wyoming

ok My brother passed away on May30,2009 in a car accident he was 21. His ex girlfriend was pregnant at that time and he knew the baby was his. The baby was born yesterday 12-01-2009 and we are trying to find out what we need to do to put his name on the birth cirtificate and if the baby would get any kind of social security benefits from him

Asked on 12/02/09, 7:43 pm

1 Answer from Attorneys

Thomas Lubnau Lubnau Law Office, P.C.

The answer to your second question is yes, the child should qualify for benefits through the social security administration. A birth certificate and/or paternity order will be needed to complete the application through your nearest social security office.

The complexity of this situation depends on the girlfriend. Does she acknowledge that the child is your brother's? If so she simply needs to complete the paperwork provided by the hospital that is forwarded to the state vital records office who will issue birth certificates and the issue is resolved. If, however, she does not want to acknowledge your brother as the father, your brother's estate will need to file a paternity action on behalf of your brother to assert this claim. Thankfully through the wonders of genetics, a full blood sibling's DNA can be used to establish if the child is in fact your brother's son.

Not only does the child have a claim for social security but depending on the circumstances of the accident may have other claims as well. It is important to discuss these potential claims with an attorney.

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Answered on 12/08/09, 9:07 am

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