Legal Question in Wills and Trusts in California
heir to sons estate or not ? probate
i had a son with a woman whom i never married . 7 years later i went to get custody of him and my other children because of substance abuse on the mothers part and found out my son was not biologicaly mine . i got custody and continued of coarse to be his father until he passed away at age 17 . he had went through a malpractice suit from injuries he obtained at birth. now after 17 years and the mother not once saying anything about me not being the father . she sees dollar signs and is trying to claim i have no inheritance rights . my birth name is on his birth certificate as the father . and the courts when i got custody of him called me the presumed or defacto father. do have equal inheritance rights or not ?
2 Answers from Attorneys
Re: heir to sons estate or not ? probate
The question is how do you know he was not your son biologically? Is it her word against yours? Is the alleged biological father in the picture. Have you filed a wrongful death case? Is that what this is about? If so, your lawyer should research the issue and prepare to meet the evidence if there is any beyond his mother's say so. I presume that his mother was aware of the birth certificate and assented to you being named as the father. If so, the doctrine of equitable estoppel should be adequate to preclude her from now denying your paternity.
Re: heir to sons estate or not ? probate
You probably do have at least equal inheritance rights, but, as you have probably figured out by now, you are very likely going to have to get a lawyer and fight for your rights. Best of luck and feel free to call.
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