Legal Question in Wills and Trusts in Massachusetts

family law

Im an iligitement child of a man who passed away in 1987, if paternity is proven could I make a claim on the estate


Asked on 6/21/09, 1:05 am

2 Answers from Attorneys

Gabriel Cheong Infinity Law Group

Re: family law

In addition to any statute of limitations issues, you will have an uphill battle with the paternity action because you'll need to test your DNA against relatives of your father. They're not a party to the paternity and you'll find it very hard to compel them to cooperate if they don't volunteer.

Also, even if you proved paternity, how will you know there are even assets left from the estate? Also, your father's will might have a clause in it that specifically disinherits all children not specifically mentioned.

Read more
Answered on 6/21/09, 2:32 pm
Joseph Murray Joseph M. Murray, Esq.

Re: family law

Yes but the estate could raise the defense of the statute of limitations. Good Luck!

Read more
Answered on 6/21/09, 9:54 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts