Victoria, TX asked in Civil Litigation, Probate and Estate Planning for Texas

Q: There is a young man in my family that we have all considered a nephew recently we have found out that someone else is

On his birth certificate as the father. The young man does resemble my deceased brother so genetically it's possible. What is his right to inherit

1 Lawyer Answer
Dillon B Norton
Dillon B Norton
Answered
  • Estate Planning Lawyer
  • Houston, TX
  • Licensed in Texas

A: A loved one's passing is never easy, and I'm sorry for your loss. This question is hard to answer without knowing whether your brother left a will or not. Yous should consult a probate attorney to assist you with this matter. One way to establish paternity is through genetic testing. If your brother had paternity established through a court for another child, then his DNA could still be on file with a screening center as they often hold on to DNA samples for a few years after testing. If so, then contacting a reputable screening center and going through the proper procedures with the alleged nephew might be possible if the above scenario is true. Also, your brother may have a tissue sample on file if an autopsy was performed.

Hypothetically speaking, if your brother had a will naming his family members who shall benefit from his estate, and the alleged nephew is not named as a beneficiary, then he likely won't receive anything, unless he was born AFTER the will was signed and your brother's paternity is established - then maybe. No guarantees.

If your brother did not have a will, and paternity is established, then it's possible that the alleged nephew could have a right to inherit. Contacting a probate attorney is highly recommended.

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.