QUESTION
Can a child claiming to be a decease's son take authority without showing legally that he is the son?
Asked on Jun 19th, 2013 on Family Law - Rhode Island
More details to this question:
My brother died this week, he had nothing to leave behind. He has a son, but there is another person claiming to be his son and wants to take control of his funeral, etc. We do not know this person. I do not think my brother recognized legally that this person is his son. He does have a son that we know of since birth.
3 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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A person cannot just show up out of the blue claiming to be a child of the deceased and take over. The other child has the right to require proof that the deceased was this other person's father a birth certificate, a court order, etc.
Answered on Jun 20th, 2013 at 1:55 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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If he had no will, then this would be handled "intestate" and instead of having a named executor to handle everything, the court will appoint an "administrator", which is still the same thing - a personal representative to take care of the estate, funeral, deceased's assets/debts, etc. You need to take the death certificate to the court and get a file opened and also have whomever you think is best suited to handle the estate apply for that, especially if there will be an opposing party filing for the same thing. The clerk will do an inquiry into all candidates and make a decision based on who appears to be best suited. Also, if you truly suspect bad intentions of this other person, may need to petition the court for DNA testing
Answered on Jun 20th, 2013 at 10:24 AM
He can't take over anything unless he has proof of being your brothers son. Perhaps he should get a DNA test.
Answered on Jun 20th, 2013 at 9:42 AM