Legal Question in Wills and Trusts in Oklahoma

My father recently died. The estate has no more than 70k and some last bills to pay out of that. He left no will and no beneficiary on his 401k. There are five kids, two from his first marriage and then three more from his second marriage. He owes about 9k in back child support to his second wife. The first wife never filed and now the oldest daughter is threatening that if the second wife doesn't waive the payment she is owed, the oldest daughter will file for back child support and take it all. I was just wondering if there is any way she could do this. We are in Oklahoma so I don't believe there is a statute of limitations on child support. A twist to the story is that we are about 99% sure she is not his biological daughter, she even mentioned before that their blood types don't match up. He however did sign her birth certificate. She loves the conflict and is treating everyone horrible and I would like to take her out of the equation so we can settle this as quickly as possible and move on. Thanks for your consideration.

Asked on 9/09/10, 5:59 am

Mitty Means Mohanty Means, P.C.

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There is such a thing called paternity test under Oklahoma law. You could ask her to voluntarily take the test.

File for probate and let the court sort it out.

Answered on 9/14/10, 7:07 am

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