Victoria, TX asked in Civil Litigation and Probate for Texas

Q: If an individual has a different person listed on his birth certificate that is not my brother what legal right does he

To anything my brother left. Not adopted may be my brothers biological child to my knowledge my brother never claimed him

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1 Lawyer Answer
Dillon B Norton
Dillon B Norton
  • Probate Lawyer
  • Houston, TX
  • Licensed in Texas

A: I'm sorry to hear about your brother's loss. This is never easy. In answer to your question, it depends on whether your brother had a will or not. This question is difficult to answer without such information, and you need to consult a probate attorney for assistance. Hypothetically, if your brother had a will, this person may not be able to claim a part of the estate depending on the terms of the will. Most wills, or good ones at least, define the testator's family members, which ones should benefit from the will, and which ones will not get anything in some instances. If a will disinherits a family member, which is allowed in Texas, they typically don't get anything, unless they can prove fraud, duress, or undue influence when the will was signed or if fraudulently altered after signing.

If your brother did not have a will, things could become more complicated. If the brother was married when he passed, his share of community property could go to his children equally, and 2/3 of his separate property could also go to his children if he had a child from outside the marriage. However, genetic testing would have to be done to establish paternity of the alleged child. This could be hard to do depending on how long ago your brother passed.

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