Legal Question in Wills and Trusts in Ohio

Dna

I had three daughters, all had same father. First born before marriage had different last name on birth certificate. Two had fathers last name on certificate. We divorced,he is now dead. The 2 with certificates with his last name, have cut the first daughter out of the estate. Is this legal or should she get a lawyer?


Asked on 1/28/04, 4:25 pm

3 Answers from Attorneys

Re: Dna

The answer depends upon the title and beneficiary designations of assets your ex-husband had upon his death. All three daughters would be entitled to inherit PROBATE assets. These are assets that were titled only in your Ex-husband's name with NO beneficiary listed. However, if your ex-husband named the other two daughters only as beneficiaries on his assets, then it would be NON-PROBATE assets and could bypass the other daughter. It would be wise to have an attorney look into the matter to inquire what assets were available and how they were transferred.

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Answered on 1/28/04, 4:54 pm
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Dna

Another issue is whether paternity was ever judicially established. If not, there is a limited time frame to do so for an adult after the adult reaches a certain age and the parent dies.

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Answered on 1/30/04, 11:28 am
Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: Dna

Yes, you should definitely see a lawyer.

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Answered on 1/29/04, 9:41 am


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