Legal Question in Wills and Trusts in District of Columbia

Legitimate son of french mother,nShe divorced and remarried U.S. Citizen.

The mother remarried US Citizen, They were childless, her husband died, She had a

second son in a single state.his son was recognized by a citizen of the U.S.The son

residing in France was abandoned by his mother when she emigrated. Through many

investigations the son in Francewas surprised that any official Document that he doesnot appear in any official document in the USA which would justify my legitimacy as her first son born from a marrisge.The mother was widowed so regulation of asuccesion(estate duties)cannot be done if U.S, authorities do not recognize me as the legitimate son. I am writing this on behalf of the French citizen who wishes to be recognized as legitimate son. The son has documentation of parents marriage, divorce

and birth certificate issued by French Authorities. The mother died last year in Washington D.C. and would also recognition of his rights. What is his next move.


Asked on 2/12/01, 11:22 pm

1 Answer from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Legitimate son of french mother,nShe divorced and remarried U.S. Citizen.

I apologize but I am not certain that I understand your situation perfectly. One thing is certain from what I could understand: you need an attorney that knows both probate and immigration law. There are several things that you need to prove: first of all the immmigration attorney will have to inquire into her status here in the U.S. Did she ever get a green card for example? Was she legal in the U.S.? Did she keep her maiden name? is the name different from her son's last name? Assuming that this is a regular probate, proof of descent is enough to inherit, but you also have to look at the probate of the husband who died.. is that estate closed already? he maybe entitled to part of that estate also. this situation is very complex and I would definitely have an attorney to follow the probate.

Tiziana Ventimiglia

202/271-5983.

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Answered on 3/28/01, 2:46 pm


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