Legal Question in Wills and Trusts in Massachusetts
My moms first husband went to City hall and signed my birth certificate without my moms knowledge. How we found out was when I went for a marriage license and saw his name down and not my biological dads. He has sinced passed and had a bank account of over four hundred thousand. His sister was his power of atty. She knew he had signed my bc also. Am I entitled to those assets legally? and how do I go about it?
1 Answer from Attorneys
There is a presumption that anyone named on a birth certificate is the child of those on the certificate. However, it is a rebuttable presumption.
If his sister wants to challenge your rights as a biological child she can do so.
If you are not his biological or adopted daughter you do not have any real legal rights. Go to the Probate Court where this man lived and see if he has a left a Will. See if you are named in it.
If he died without a Will there should be an estate opened any way. The issue is are you his daughter. The certificate gives you a presumption but it can be rebutted. You say your mother says he was not your biological daughter, is she sure.
If you are not really his daughter and you are not named in his Will, I would not bother to make a claim against his estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
