Legal Question in Wills and Trusts in Minnesota

Only surviving child's rights

Today, the 33 yr old father of my 2 1/2 yr old grandaughter, who was never married to my daughter, was discovered deceased. At his own insistance blood testing was performed proving him the father. What course of action should my daughter now take? Does my daughter have a right to hear the reading of the will and how soon is that usually done? My grandaughter is the only surviving child. If her father did not update his will to include her does she have any rights? Does my daughter have a right to the deceased W-4 to attempt to get SSN benefits? Does my daughter need a lawyer? Shocked and confused.


Asked on 4/17/02, 3:26 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Only surviving child's rights

First of all, your grandchild should qualify for Social Security orphan's benefits, and they can be significant. Your daughter should get to the nearest social security office as soon as possible.

We don't have a "reading of the will" in Minnesota. I've never seen that anywhere but in movies.

The fact that there was blood testing seems to imply that there has been a paternity proceeding and that this guy was determined to be the father. If that is the case the child could be the sole heir of this guy, assuming there are no spouse and no surviving children. Even if the guy had no will or excluded the child in his will, the child may have rights to some of the assets in the estate - but your daughter needs a face to face meeting with a lawyer to go over those rights.

Whether it is worth pursuing depends of course on whether the guy owned anything and how much at the time of his death.

So yes, your daughter should see a lawyer, at least for a consultation.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the lawyer of your choice concerning the details of your case.

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Answered on 4/17/02, 11:25 am


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