Inheritance???

If my father is not listed on my birth certificate, but I am included as a daughter in the obituary, and am 100 % in fact his child, will I be included in his estate? Will I need to establish paternity?

I live in KY

Well wills can be contested. For example if the will is written such that it is clear his intent is to take care of all his children, and it does not specifically limit that list by excluding you or stating that you do not get anything, then you might have a case to challenge the will. But this is very difficult and expensive to do.

To establish paternity you would have to get a court ordered blood or DNA test. That would require sufficient compelling eveidence to give a judge a reason to issue the order.

Did your father pay your mother any child support under ansy court order or written agreement? That might be enough to order a paternity test.

You'll have to talk to a lawyer to find out how much this will cost (think $250 per hour of a lawyer's time, starting with a $5-10 thousand retainer). Then weigh that against the possible inheritance.

Good luck

Depends on two things - if your father had a will, and what State you are in.

First, did he have a will? In all States except Louisiana a child has NO right to inherit from his or her parent. If he had a will, and didn't leave you anything, you're out of luck.

Second, where are you? If he died "Intestate" - without a will - then all his children will share in his estate. Who *is* considered to be his child varies by State.

In all States any child born during a marriage is his unless he legally challenged paternity at the time of birth.

In all States a child who was formally declared to be his by a court is his.

In "some" States anyone he acknowledged as his child during his life is his for the purposes of inheritance, in some they aren't. In "some" States you can ask a court to make an order of paternity after his death, but in most you can't.

Richard

Depends on what state you live in, but generally you will have to prove paternity in order to receive an inheritance if you father did not have a will (under descent and distribution).

If you father did have a will, the assets of his estate will be distributed according to the terms of his will. Paternity will not be an issue if he did have a will.

Get a lawyer. If you can prove a paternal relationship by clear and convincing evidence, in Ky, you are entitled to part of the intestate estate.