Q: My sister passed away in December 2023. She has a 16-year-old. His father is listed on the birth certificate, they were
never married. He never filed for legitimation. My parents are named as guardians in the will. The will has not gone through probate yet. If the father were to file for legitimation, would he serve the estate? Or can he directly petition the court? Should he file for emergency guardianship before filing for legitimation or does custody automatically go to him?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (470) 485-2995
- View Profile
- Answered
A: It is possible for the child's father to file a petition to establish his legal rights after the death of the child's mother. The more concerning part would be why the father waited 16 years to file the action. The Will reflects your sister's intent. This will be a hurdle that may prove more challenging than the genetic test.
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.
