Legal Question in Wills and Trusts in North Carolina
A friend of mine, passed away and left me everything. His will stated "I have no children". A daughter was born while married to his firdt wife. 1961/1962 when there was no DNA. He strongly believed he was not the father, but never had a DNA test during his life for her. Now she's filed a Caveat against me and I need help to fight her. I promised him before he died that I'd abide by his wishes and see that she got nothing, since he strongly denied her all her life. He paid through the court for her, because the judge told him "you just got caught in the law for "a married woman, having a baby while married, the husband is presumed the father. They were NEVER in each others life.
1 Answer from Attorneys
The law is generally that a child born while a man and woman are married are the product of the marriage. While there was no DNA test in 1961, nothing stopped the man from getting one later in life if it was a concern. Or he could have made a proper will and specifically disinherited this alleged child whom he supported financially. Had he said "for my own personal reasons, I disinherit x child" this would have solved the whole problem. Now the friend's legacy has turned into a lawsuit.
If you have not already done so, you will need to hire a probate litigation lawyer and seek to disprove paternity if that is going to be at all possible. However, it may not be possible and if it is not, then you should either reach a family settlement agreement or give the child her inheritance.
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