get back child support without an order maybe a long shot at best if alive
if the person past away without a will, an the estate went into probate dividable by laws of intestate yeah the son would have a claim but if their is a will then long shot to contest, without seeing how the will is laid out
2007-09-14 10:47:07
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answer #1
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answered by goz1111 7
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Unless the child is specifically excluded from the will or all assets have been bequeathed to other heirs then yes he has a claim. It doesn't matter that they haven't had contact, if he is the father, then the child is an heir. The other beneficiaries can fight it in court but they won't have much luck. Lack of communication doesn't exclude someone from being an heir, they become an heir at birth and unless written out of a will are still an heir when it comes to dividing the estate. Usually if the decedent doesn't specifically exclude an heir then Judges will take that into consideration when making their decision and assume that because he didn't take the time to exclude him then he must have meant for him to have something.
Sorry!
2007-09-14 10:55:26
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answer #2
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answered by Georgia Peach 4
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You probably have to prove that the child is his. And if he is dead, and the child states that he has an interest in that estate, and the father died intestate, then yes he would be entitled to inheritance.
2007-09-14 10:57:07
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answer #3
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answered by Anonymous
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I believe if the estate has not been designated to anyone the child has a right, but if the father already alloted it to others I don't think so.
2007-09-14 10:41:56
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answer #4
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answered by Anonymous
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if he's alive then no-if he's dead then only if he was left money in the will or if he died intestate (without having a will)
if the man died without leaving a will he could sue for a part of the estate-he should be prepared to prove his relationship (with DNA proof)
2007-09-14 10:53:12
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answer #5
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answered by dulcrayon 6
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If the child is the beneficiary and the will was never changed to exclude him--yes!
If there is no will, the child would have to petition the court.
2007-09-14 10:36:14
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answer #6
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answered by TedEx 7
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helpful can. even nevertheless this is time sensative. you're able to would desire to have the youngster help workplace submit the right workplace work to the holder of the valuables for you. And promoting off an sources takes time to boot, so which you should wait and see. additionally interior the period in-between, you youngster would be eligible for survivor advantages from social risk-free practices. you will probable choose a replica of the death certificates & your youngster's beginning certificates, & you're able to record for it at your interior of sight social risk-free practices workplace.
2016-11-10 11:18:19
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answer #7
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answered by ? 4
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Yep, either way!! See a lawyer.
2007-09-14 10:37:44
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answer #8
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answered by mssandrar03 3
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