Asked in Estate Planning for North Carolina

Q: how do I become my father's beneficiary? I am trying to get certain things in order before and thing tragic happen

I am asking because my father did not sign my birth certificate. Also can he still sign it?

Related Topics:
1 Lawyer Answer
Catherine E Bruce
Catherine E Bruce
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: Your father can name you on any of his beneficiary on any assets that allow him to name a beneficiary. Often, this includes life insurance and retirement accounts. This is up to your father to do: you cannot make his estate plan for him (unless you have a Power of Attorney from your father that allows you to change beneficiary designations, which is not common).

If your father wants to leave you any more of his property (rather than just the accounts or policies on which he can name a beneficiary), he needs to create a will in which he leaves his property to you. Again, this is your father’s responsibility and not something that you can do on his behalf.

Your father can leave property to you through a will and/or a beneficiary designation, regardless of whether or not he signed your birth certificate. If he does want to officially legitimize you as his son, he can file to establish paternity. (He can’t just sign the birth certificate at this stage). A suit recognizing you as his son might allow you to obtain certain benefits, such as social security or military benefits, that you otherwise wouldn’t be entitled to.

It sounds like your father might want to see a local estate planning attorney to change or update his estate plan. You may also need to see a family law attorney.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.