Q: Husbands passed away who receives leftover benefits wife of 30 years or child out of wedlock
Does not have a birth certificate with his name on it stating that he's the father or any other kind of legal papers
A: If no will, then wife gets first $15,000 and then splits remaining assets 50% to surviving spouse and 50% to surviving children. Don’t know what you mean by “leftover benefits”, but if referring to pension or retirement assets you need to reviewany beneficiary designations on file with the institution holding the funds. If you are contesting the child’s lineage, then you will need to raise that with the court.
Cedulie Renee Laumann agrees with this answer
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.
