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Paternity

Family Law Discussion Forum

Paternity

Postby Drystan » Thu May 08, 2014 3:30 am

I don't know about LA, but in most states if the presumed legal Dad wanted to dispute paternity, he would have needed to act a lot sooner than he apparently did.
Since his name is on the birth certificate and he signed an affidavit of paternity at the time of your birth, I suspect that his current statements that he is not the bioDad would not hold up in a child support proceeding.However, parents generally have no legal obligation to provide an inheritance to their adult children.
I suspect that you are an adult, even though teenagers do post on these boards from time to time.
If so, he can write his will and leave his property/money to whomever he chooses.
If he is married, his then current spouse might have the right to elect against the will, if he excluded her entirely.
He has no legal obligation to name you as a beneficiary.However, if he were to die and not have a will, you probably would have some legal standing to inherit something.
A lot would depend upon his state of legal residence at the time of his death.
Every state has its own laws about how an estate is distributed when someone dies without a will.As a practical matter, people of means, like your Dad, usually have estate plans, wills, trusts, etc.
Either your Dad has included you in his estate plans or he has not.
If he has not, no DNA test would change that.
Drystan
 
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Paternity

Postby Averyll » Thu May 08, 2014 5:45 pm

Would you like your dad if he weren't a multi-millionaire?There are a lot of reasons why people of even modest means might want to disinherit someone.1.
The beneficiary can't handle money properly.2.
The beneficiary has ignored the donor.3.
The beneficiary has a lifestyle the donor disappoves of.4.
The beneficiary has not been good to the donor's other family members.So, if you see the reason in the above list, you will know how to go about solving the problem.Besides, you could always die first, making this whole exercise moot.
Averyll
 
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Paternity

Postby tal » Thu May 08, 2014 6:16 pm

First, LA changed its forced-heir laws effective January 1996 and a person can disinherit their children if the heir is over 23 years old.
Second, the OP did not say that her father was a resident of LA and so if he lives somewhere else, executes a will somewhere else and then dies somewhere else, he can still cut her out if he wants too even if she is under 23 at the time of his death.
tal
 
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