QUESTION
Can I contest his estate after this many years pending the DNA test?
Asked on Dec 09th, 2013 on Estate Planning - Missouri
More details to this question:
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.
10 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the services of a probate litigation lawyer to investigate this matter; however, there may not be enough assets left for you to recover.
Answered on Dec 12th, 2013 at 2:48 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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NO its way too later to contest his estate.
Answered on Dec 12th, 2013 at 2:48 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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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.
Answered on Dec 12th, 2013 at 2:48 PM
3 Awards
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.
Answered on Dec 12th, 2013 at 2:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Dec 12th, 2013 at 2:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, I believe that it is too late to challenge the estate now. The statute of limitations has more than likely run.
Answered on Dec 12th, 2013 at 2:47 PM
2 Awards
You cannot contest an estate that was settled 22 years ago. I am sorry.
Answered on Dec 12th, 2013 at 2:47 PM
The estate is long settled and there is nothing that you can do to reopen it.
Answered on Dec 12th, 2013 at 2:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are too late to make a claim against the estate under any normal law.
Answered on Dec 12th, 2013 at 2:19 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri you are too late. There are statute of limitations in regard to all probate matters and you definitely are out of time.
Answered on Dec 11th, 2013 at 8:12 PM