Hi my daughters dad has been deceased over two years ago. He was killed in a workplace accident my kid was born in Iowa paternity was established in

Based upon the time since this question was submitted, the hope is that you contacted an attorney in the county in which the lawsuit in question was filed. You failed to say where where the father lived (as this would indicate where any probate estate should be).  This, along with all other pertinent information, should be shared with an attorney at your earliest opportunity.  With the suit in Iowa, it may be that you can find an Illinois attorney that is also licensed to practice in Iowa.  Most likely, that would be in the Quad Cities area, but there should be other attorneys along the Mississippi that practice in both states.  The key is to find an attorney with experience in such matters and able to practice in the county in which the lawsuit is pending. Since you indicated that "paternity was established", this would indicate that there was either an admission in court or a finding of paternity.  Proof of that should not be hard to obtain from the Clerk of the Court for that county in Iowa.  You may be able to order such a document on-line or you may need to call the Clerk's office directly.  This document could then be shown to the court or the attorney representing the brother as proof of heirship.  Since this is a legal issue, securing counsel to assist you (or at the very least to counsel you in how to get the issue and document before the court) is essential. Please note that, as I am new to the program, this is the first opportunity that I have had to respond to your inquiry.  Hopefully, you have already contacted counsel.  If not, the hope is that this information will assist you as you now move forward. Additionally, your child may be entitled to Social Security based upon the death of the father.  This is something that you should address to your local Social Security office.  They should be able to assist you as to which forms to complete and the documentation needed to allow for the claim for benefits to be approved.