Houston, TX asked in Estate Planning, Family Law and Probate for Texas

Q: I Don’t believe you understood my question. He’s Not Dead Yet! He is very wealthy and of course he has a will.

He only has three children. My daughter is the one I fear will be excluded. He is in his 70’s and if there is something my daughter should do to establish his paternity Now, Before he dies, should she? Or would she be better off to wait until he dies and try to contest his will? His Will isn’t public record until he dies, is that correct??

1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.

Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.

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