Q: My sister passed away in December 2023. She has a 16-year-old. His father is listed on the birth certificate, they were
never married. He never filed for legitimation. My parents are named as guardians in the will. The will has not gone through probate yet. If the father were to file for legitimation, would he serve the estate? Or can he directly petition the court? Should he file for emergency guardianship before filing for legitimation or does custody automatically go to him?
A: It is possible for the child's father to file a petition to establish his legal rights after the death of the child's mother. The more concerning part would be why the father waited 16 years to file the action. The Will reflects your sister's intent. This will be a hurdle that may prove more challenging than the genetic test.
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