Austin, TX asked in Estate Planning and Intellectual Property for Louisiana

Q: My grandmother in 2012, both died intestate. Can I inherit my dads property if his name is not on my birth certificate?

My dad died in 2000 and my grandmother died in 2012, both died intestate. I'm an adult and I'm can't prove paternity, because my dad's name is not on my birth certificate. Is there anything else I can do? Am i legally an heir?

2 Lawyer Answers

A: There are other possible ways to prove you are an heir. A DNA test comparing your DNA to one of your dad's siblings might work. Also, witnesses could testify to facts that would suggest he was your father. Did he ever say he was, or act like he was? You would have a better case with a birth certificate, of course, but there may be a chance.

A: A birth certificate or acknowledgement of paternity is best. If other siblings are involved, there could be a contest. Depends upon the nature of the property (separate or community) and who the other heirs are. You should contact local probate counsel to discuss your options.

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