Legal Question in Family Law in Virginia
paternity
iam a 43yr.old female.i found out when i was 16 that my father was not my biological father.my father died when i was 10.at 16 my ''real''father gave my mother no choice but to tell me even though he never wanted me.my father married my mother before i was born and he is on my birth certificate.when the truth came out it destroyed my relationship with my brother and sisters,and he never had anything else to do with me.he has two other children that i know of.his children know about me,onewho i met.years ago i drove school bus and so did he. he would brag about what he he did and what he was doing for his other kids and grandkids.i have two children and one grandchild .he only knew my oldest daughter and that was because when she was a baby his mother asked me to bring the baby to her home so she could see her.his mother died a few yrs.later.i asked this man for help when i was younger he didn't respond.my mother died 10 yrs. ago and he didn't even pay his respects.i ran into him recently at a funeral and all he could do was brag.he is loaded with money and property worth almost a million according to a family member.i was also told that his other children are left something in his will at his death but not me.do i have any rights?
2 Answers from Attorneys
Re: paternity
Based upon the facts that you've provided, you would have no basis of which I am aware to claim an inheritance from your alleged biological father since your legal father is another(now apparently deceased) and is the one named on your birth certificate as your father.
Re: paternity
If I understand you, you ask if you have a claim against the estate of the man who is on your birth certificate but not your biological father. The answer is yes since he claimed paternity by being on the birth certificate. However, if he has a will and has cut you out of it, that is his right to do so. He could do that even if you were his blood. If he had died without a will, his paternity could be challenged by a DNA test since he did not adopt you.
Good luck.
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