Legal Question in Wills and Trusts in Pennsylvania

My father died in 1993 at age 75 in Oregon. He did not know of my existence. He denied it in a divorce. I have the marriage lisence,birth certificate and wedding pictures. my son is a spitting image of him including being over 6'7" tall as he was.

Am I intitled to part of his estate?


Asked on 6/12/16, 9:52 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

I think that, at 23+ years after his death, it's a little late to be making the claim. You could try consulting with a lawyer in Oregon in the county where your father lived at the time of his death, because that is the jurisdiction that would control, and as a PA lawyer, I don't know Oregon law.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/12/16, 11:56 am

I agree with Attorney Jacobson. I don't know why you are directing this question to PA attorneys if your father lived in Oregon.

If your parents were married and you were born during the marriage, then he is presumptively your father. Your son being the spitting image and a marriage certificate means nothing. In cases where an illegitimate child seeks to establish paternity, the court only accepts DNA testing.

Most states have time limits in which paternity actions can be brought after death. It is unclear why you are waiting so long.

How can your father have denied paternity of you in a divorce if he never knew of your existence? That makes no sense. Moreover, why do you think there is any estate at this point? The man's assets, if any, have been distributed a long long time ago. So what would you get a piece of? Also, did the man have a will? If so, he was not obligated to leave you anything and could have affirmatively disinherited you if he so chose.

However, Oregon law is different from PA law. You need to know where your father lived at the time of his death and see if there is an estate file at the court. if so, you will need to see what was done in terms of administering the estate - whether there was a will and what he owned. The estate will should have the will, an inventory of assets, a list of any claims and an accounting indicating how the assets were distributed. If there is no will, you will have to figure out what your father owned and owed at the time of his death and who would have been the people who inherited. Then you will need to talk to an Oregon probate attorney who practices in the county in which your father lived at the time of his death. If this seems like too much work or there are little to no assets or any claim you would have is precluded by state law, then let it go.

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Answered on 6/14/16, 10:35 pm


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