Q: Is there a procedure for establishing paternity that should be done before a parent passes away, a DNA test? This is TX.
My daughter’s father has 3 kids by 3 different mothers. The other 2 kids were paid child support for, so they are established legally as being his children. He never gave his 3rd child anything but some personal effects of his parents when they died. She’s my daughter and he’s very wealthy, has 4 homes, etc. & is in his 70’s. Should she do anything now to prove she’s his? Or can an atty view his will so we know if she is included or not?
A:
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
A: If there is no will and your daughter can prove to the court that he held your daughter out as his child then you would have a stronger case than if he did not. Heirs to the deceased take shares of the deceased estate. Check the county probate records in the county in which he died to see if there was an estate of any sort set up. Start there. If we can be of assistance please let us know after you have checked the county probate records. 888-3434LAW OR 888-343-4529.
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