Legal Question in Wills and Trusts in Massachusetts

My brother was killed in a car accident a year and a half ago. The other driver was found to be at fault. My brother has a 5 year old son, and did not have a will. My mother is the administratrix of the estate, and there is doubt about whether my brother's son is actually his son (there has always been doubt, he looks just like the mother's ex boyfriend) The opposing driver's insurance company has already paid $250,000, with a lot more to come. We have a feeling that the mother of the child knows that he is not my brother's son. Can she refuse a paternity test? If so, what does that mean for the insurance company? Shouldn't a paternity test be mandatory with that much money, when the alleged parents were never married?

Thanks in advance,

Joe


Asked on 4/02/10, 3:11 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Biology may not be the answer to paternity. Has there been a court proceeding to determine paternity? If so, then you can't challenge paternity. If there has not been a court proceeding, you may be able to contest it. However, it is possible that the initial filing in the estate established paternity. You need to bring this matter to an attorney to look at the paperwork.

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Answered on 4/07/10, 6:35 pm


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