Can I contest his estate after this many years pending the DNA test? 12 Answers as of December 12, 2013

I am 30 years old and just found out who my father is. He died when I was around 8 years old and my mother never pursued child support because she didn't want to upset his wife. Yes, he had another family and never claimed me as his own. I know that he was a living brother and I am fully willing to have a DNA test run if his brother will allow that. I do not want to have his body dug up.

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
NO its way too later to contest his estate.
Answer Applies to: Michigan
Replied: 12/12/2013
Frederick & Frederick PLC | James P Frederick
More information is needed. Under the circumstances, there may not have even been an estate to contest. Most married people hold title to their assets in joint names. Upon the death of one, everything belongs to the other. Under Michigan law, the children have no inherent right to receive anything, whether born in or out of wedlock. So even if you were able to prove paternity, it is likely that would not make any difference in terms of what you could receive. Given the passage of time, even if there WERE an estate that you could have made a claim against, you would not be able to do so, under the statute of limitations. I strongly suspect that you would not have had a claim, in the first place. Even if you would have 30 years ago, your mother's failure to advance your claims is almost certainly fatal to any current claim. You can check with the probate court to see if there was an estate ever opened for your father. If there was not, then you will have your answer.
Answer Applies to: Michigan
Replied: 12/12/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Seek the services of a probate litigation lawyer to investigate this matter; however, there may not be enough assets left for you to recover.
Answer Applies to: California
Replied: 12/12/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
What is the status of the probate? If it was completed years ago, it is too late. If it is open or was completed less than 6 months ago, you may be able to pursue it. Best of luck to you.
Answer Applies to: Nevada
Replied: 12/12/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
There are other facts that might play into this, so you would need to have a lawyer look at all the relevant information. As I understand it, though, your father died 22 years ago. My guess is that it's too late. If you just found out that he was your father, then perhaps relevant statutes of limitations never started to run, so maybe you still can look into it. Just in practical terms, though, there would be huge problems. Even finding out what happened 22 years ago might be difficult.
Answer Applies to: Oregon
Replied: 12/12/2013
    James Law Group
    James Law Group | Christine James
    You cannot contest an estate that was settled 22 years ago. I am sorry.
    Answer Applies to: California
    Replied: 12/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, I believe that it is too late to challenge the estate now. The statute of limitations has more than likely run.
    Answer Applies to: Idaho
    Replied: 12/12/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You may be able to establish paternity if you can get the brother to provide a sample. He is not obligated to cooperate. With respect to past child support and contesting the estate, even with proof of paternity, you are likely to have problems with statutes of limitations.
    Answer Applies to: Minnesota
    Replied: 12/12/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are too late to make a claim against the estate under any normal law.
    Answer Applies to: Michigan
    Replied: 12/12/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The estate is long settled and there is nothing that you can do to reopen it.
    Answer Applies to: Nebraska
    Replied: 12/12/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    There are too many scenarios that could occur with this situation and I advise that you speak to an attorney familiar probate.
    Answer Applies to: Florida
    Replied: 12/12/2013
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