Posted: 6/15/2010 4:37:22 PM EDT
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This has to do with my half brother. We have a different father. He doesn't know he has a different father either, though many other people are well aware of the truth. And as long as my mom is still alive and my brothers actual father is still alive, this will remain the status quo.
Now my brothers father is fairly well off and his wife is still alive as far as I know, but were he "we'll call him Joe though that's not his real name" if Joe survives his wife and then passes on himself, having no children of his own "other than my brother "and the only other surviving family a sister. Would my brother be his legal heir? I should note that there has never been any legal finding of any kind such as a support order or anything. My brother was raised thinking my father was his father. |
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Quoted:
This has to do with my half brother. We have a different father. He doesn't know he has a different father either, though many other people are well aware of the truth. And as long as my mom is still alive and my brothers actual father is still alive, this will remain the status quo. Now my brothers father is fairly well off and his wife is still alive as far as I know, but were he "we'll call him Joe though that's not his real name" if Joe survives his wife and then passes on himself, having no children of his own "other than my brother "and the only other surviving family a sister. Would my brother be his legal heir? I should note that there has never been any legal finding of any kind such as a support order or anything. My brother was raised thinking my father was his father. IANAL, but I made a A in business law back in 1977 and I watch a lot of Law & Order 
1. Who is listed on his birth certificate? If the biological father is listed it makes establishing paternity easier. If not, DNA testing will be needed to prove parentage. 2. On the death of bio dad, your half brother could lay claim as a legal heir- a court would decide if he is entitled to anything. 3. Bio dad may have mention of your half brother in his will. You may not find out until his death if that is so- and he could change that will at any time. 4. If bio dad dies "intestate" (without a will), the court will decide who gets what. 5. Waiting until bio dad dies makes it more dificult. 6. See a lawyer who specializes in family law or estate law. |
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I'm certain my brother has seen his Birth Certificate by now since he is 39. My father, "who passed on several years ago" I believe is listed as my half brothers father on the BC.
Its probably odd that I would even give damn about this. I don't even like my half brother that much, but he has a couple of really nice kids that could use some help. I hate to see his real father get away with what he did too I guess, so there is a bit of revenge in me too I guess. Isn't life screwed up? |
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Quoted:
I'm certain my brother has seen his Birth Certificate by now since he is 39. My father, "who passed on several years ago" I believe is listed as my half brothers father on the BC. Its probably odd that I would even give damn about this. I don't even like my half brother that much, but he has a couple of really nice kids that could use some help. I hate to see his real father get away with what he did too I guess, so there is a bit of revenge in me too I guess. Isn't life screwed up? I believe is listed as my half brothers father on the BC.
It would take a lot of effort to change that and in some states it might not be possible. Being on a BC creates a LOT of presumption to overcome, especially 39 years after the fact. There are states with laws that make it a presumption that a married man has fathered his wife's children, sometimes with very short periods to challenge. |
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Quoted:
This has to do with my half brother. We have a different father. He doesn't know he has a different father either, though many other people are well aware of the truth. And as long as my mom is still alive and my brothers actual father is still alive, this will remain the status quo. Now my brothers father is fairly well off and his wife is still alive as far as I know, but were he "we'll call him Joe though that's not his real name" if Joe survives his wife and then passes on himself, having no children of his own "other than my brother "and the only other surviving family a sister. Would my brother be his legal heir? I should note that there has never been any legal finding of any kind such as a support order or anything. My brother was raised thinking my father was his father. State laws may differ slightly in regard to the order of inheritance. That said, in the absence of a will (intestate) property will move from one spouse to the other, then down to the kids in equal portions. It does not matter what the birth certificate says. Unless the legal relationship of parent and child was destroyed in writing (adoption, removal of parental rights, etc) than your brother is a rightful heir to the estate. He would need to challenge the estate when it is opened after his birth father's death. Otherwise no one would likely know he exists. |