Legal Question in Wills and Trusts in Arizona
unknown child
my father passed with no will ,but signed his rights away to the child 3 years before his death.he was not married to his mother, i was personal representative but now his mother is suing me for half of the estate. there is no money left. does the child have rights to the money?
2 Answers from Attorneys
Re: unknown child
I don't really understand the facts here. I need more information. It sounds like you are saying that you have a half-brother that you didn't know about at the time you were the Personal Representative.
Regardless though, if you've been sued you should really talk to a lawyer as soon as possible.
Re: unknown child
I understand your problem. The question here is whether there was an order of the court severing the parental relationship with this other child. In other words, I would need to know more facts about what took place in the "signing his rights away" regarding this child. Since your father thought he now had only one child, he would have presumed that you would inherit all the estate, and did not sign a will with other provisions.
See an attorney immediately. You state that you are being sued, so you need an attorney to represent you in that suit, even if you have not been served with court papers. All facts need to be known, and a copy of the paperwork done by your father relating to the child needs to be examined.
We offer free initial consultations at 480.835.1500.
Best regards,
James D. Jenkins
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