Legal Question in Family Law in California
paternity after death
My father died in 1992. I've been contacted by someone who says she has a 16 yr old by my father. She says she has cancer and only has weeks to live. She would like me to do a DNA test to establish paternity in order that the 16 year old could receive Social Security from my father after she passes. She named my father on the birth certificate, but my father never signed to legally establish he was the father. Would this be enough to establish paternity for the SSA? Would this open me up to the possibility of being sued for inheritance that was gone years ago? Can I *the estate) be sued for back child support?
I reside in Washington state, but they are in California. My father and her met in Alaska.
1 Answer from Attorneys
Re: paternity after death
What an INTERESTING problem. However, your DNA is not sufficient to establish her child's parentage by your father.
The fact that your father is named on the birth certificate, however, might well be enough of a presumption for her to make a claim against the estate of your father. Or possibly to get SSI income for the 16 year old.
Your father's failure to contest the birth certificate may (repeat; MAY) open the door to her collecting child support for this child.
The estate could be sued for unpaid support, theoretically. Was there a probate?
YOU cannot be sued for back support, you cannot be liable for your father's debts, especially when he's been gone for 15 years.
You really need to talk to a CA lawyer. Mike Aranoff is licensed in WA and CA, and practices family law. He's in Tacoma.
Hope this helps. Elizabeth Powell
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