Legal Question in Wills and Trusts in Pennsylvania

Was she formally adopted by your husband? Just sticking his name on the birth certificate is not enough. Did he hold her out to be his daughter? WShat happened in the divorce? Did he have to pay any child support? If she is not formally adopted, then a paternity (DNA) test will not help if she is not your ex-husband's biological child. The only other possible avenue is if the state where your ex-husband lived recognizes equitable adoption, but the elements of that have to be met.

Your question assumes that the property is inherited by your daughter automatically. That is not the case if she is NOT the biological or adopted child of your ex-husband. In such case, he really needed to make a will if he intended to benefit your daughter.

Before you get upset or jump to conclusions, your daughter (if she is over 18) or you as guardian of your daughter if she is under 18, need to speak to a probate attorney in the county/state where your husband resided at the time of his death. You need to specifically inquire whether just sticking your ex-husband's name on the birth certificate is enough or whether the child must be formally adopted. If your daughter was not formally adopted, then find out whether the state allow equitable adoption and if so, find out the elements of that.