Q: To inherit from my aunt, I must prove paternity of my father. I do not have a birth certificate. Is a DNA test accepted?
I was born in Japan and did not meet my father until I was 33. His sister died without children, and Puerto Rican law means her estate goes to her brother's children. There are five of us. I am the only one who did not know him until I was 33. I tried to get my birth certificate, but can only get a family register, which my mother created, but it does not name a father. Would it be possible to submit a DNA test as a substitute proof of paternity? I think this can be done via his sister, my living aunt.
A: If your aunt's estate is being probated in PR, you would have to be proven to be her heir in the PR probate court. I expect that DNA testing would do it, but you should that any DNA test would probably have to be approved by the court. Speak with an attorney there.
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.
