Administration of Estate ?

[Whyte Noise]

"Other" questions....??

*glances sideways and raises one eyebrow*

What "other" questions....???

I'm scared.

The way that I read those statutes is that if paternity establishment is sought 3 years after the birth of the child, or anytime after the death of the father, the ONLY way that paternity can be established is thru DNA testing... that's what part (d) says..

"d) If the action to establish paternity is brought more than
three years after birth of a child or is brought after the death
of the putative father, paternity shall not be established in a
contested case without evidence from a blood or genetic marker
test." That is the ONLY way, according to the other statutes, she's going to have any claim whatsoever on your father's estate.

"(b) For purposes of intestate succession, an illegitimate
child shall be entitled to take by, through and from:
(1) Any person who has been finally adjudged to be the
father of such child pursuant to the provisions of
G.S. 49-1 through 49-9 or the provisions of G.S.
49-14 through 49-16;"

>>>> Your dad has never been adjudged to be her father. His name isn't on the BC, no AOP, nothing. So under this she has no claim

"2) Any person who has acknowledged himself during his
own lifetime and the child's lifetime to be the
father of such child in a written instrument
executed or acknowledged before a certifying
officer named in G.S. 52-10(b) and filed during his
own lifetime and the child's lifetime in the office
of the clerk of superior court of the county where
either he or the child resides."

>>>> Your father never acknowledged her as his daughter in any written way in a court of law. Under this, she has no claim.

"(d) Any person who acknowledges himself to be the father of
an illegitimate child in his duly probated last will shall be
deemed to have intended that such child be treated as expressly
provided for in said will or, in the absence of any express
provision, the same as a legitimate child."

>>>> There is no will. So he never acknowledged her in one. Under this, she has no claim.

The ONLY way that I can see that she will have a claim, is if it is proven through DNA testing that she is indeed his daughter. That's what the statutes provide for after the death of the father. Paternity HAS to be established thru genetic marker (DNA) if nothing was ever commenced before his death.

Of course, I may be wrong. I know as much about probate law as I know about astrophysics. But this is just the way that I, as a layperson, interpret the statutes.

OK, I'll take the cake and ice cream now because I'm starting my diet tomorrow. Better get it while I can!!

 

[Grace_Adler]

*shoves a big bowl of cake and ice cream in front of you*

LOL You said you were scared. That reminds me of that movie Life with Eddie Murphy and Martain Lawrence. I don't know if y'all saw it but a guy at the prison told them "MMM MMMM.. Don't be skurd." LOL it was the way he said scared.. that's the way some people around here say it. *slaps my knee*

Ok, I think I get it now. The only way a DNA test can help her is if it was done before he died right? Like now, they wouldn't order one to be done on one of us (his other children) or exume his body (like she thinks can be done).

Yeah I had some other questions. I numbered them 1 thru 4. If you feel like taking a looksey I can try to post some of the links to the statutes.

 

[Whyte Noise]

No Gracie...

The DNA test comes AFTER the death of the putative father. Now is when she'd file to do that.

"(d) If the action to establish paternity is brought more than
three years after birth of a child or is """brought after the death
of the putative father,"""" paternity shall not be established in a
contested case """without evidence from a blood or genetic marker test."""

She has to get the DNA test done now, after his death, because that is the ONLY way to conclusively prove that she is indeed his legal heir.

Think about it like this... Bill Gates dies tomorrow. I call up his executor and say, "Hey, ya know what?? I'm Bill's illegitimate love child!! He's my dad! I saw him every so and so! He loved me. I know he did. But he didn't want Mrs. Gates to know about me, but I'm entitled to some of his money too. After all, I'm claiming to be his daughter." What would his family do?? They'd make me take a DNA test to prove that I was indeed Bill Gate's daughter.

Yes, they can get blood from you or your brother and match it that way, or she can try to have the body exhumed. Dunno which way she would go... but the only way to prove she's his child is to match DNA because no papers or anything were ever filed before your father passed where he acknowledged paternity.

Oh.... about the other 4 questions.... I have no clue on those hun. I've never had to deal with anything like that and don't know of how the law works on all of it. When my mom died, my dad did all that (but my mom didn't have an estate to begin with really) and I was really young. I've never inherited anything from any relatives, so I don't know how any of that works. Although, I guess I should find out sometime because I'm my dad's executor. All I know is where he wants to be buried, that he does have a will, that he has insurance, and he has a DD-214 because he was in the military and wants to be buried in a military cemetary and have my mom disenterred (sp) and moved there with him.

 

[Grace_Adler]

OK, I wasn't sure. Like you siad they contradict each other and that part about the testing and doing it before age 18 was throwing me off.

AAAHH S***! I guess this is gonna be in probate forever! Well, my brother and other sister will literally fight her over this. My brother said he will stand over the grave if he has to and he will do it! God, you can't even honor a dead man's wishes!

Ok, looking for another ACE. What about the advancement part?

http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/ByArticle/Chapter_29/Article_7.html

I don't know if him verbally saying she recieved all her inheritance is good enough or not. She might deny it. However we all know about all the stuff he gave her, including money. I just don't know if it would be heresay even though several of us witnessed him saying it in front of her and when she wasn't around.

 

[Grace_Adler]

LOL LMSP. Yeah it is. The other half is on a thread on the custody section.

Ok y'all, I'm going to bed. I'll try to check back tomorrow. I might be having a meeting with my brother tomorrow afternoon or night. I was trying to come up with some info for him to ask his attorney. Hopefully he will be available to talk to him tomorrow.

 

[Whyte Noise]

Nothing in that statute you linked says what constitutes proof that the donor actually did give an advancement. Doesn't say it has to be written or oral, have witnesses, or what.

This is interesting though...

"§ 29-28. Inventory.
If any person who has, in the lifetime of an intestate
donor, received a part of the donor's property, refuses, upon
order of the clerk of superior court of the county in which the
administrator or collector qualifies, to give an inventory on
oath, setting forth therein to the best of his knowledge and
belief the particulars of the transfer of such property, he
shall be considered to have received his full share of the
donor's estate, and shall not be entitled to receive any further
part or share. (1959, c. 879, s. 1.)"

If the clerk sends her a request for an inventory of what your dad gave her, and she doesn't respond or refuses to, then the law considers that she got all of her share. She's SOL on anything else.

 

[Grace_Adler]

Ok, I haven't gone to bed yet but I am now for real. LOL

Thank you, that is interesting. I'll keep that in mind.

 

[CMSC]

Birthday cake?

I WANT SOME!!!!


Yes, it appears she is trying to stake a claim or whatever you call it.

DOES SHE CLAIM HER STAKE LIKE A DOG? YA KNOW...PEE ON IT!

 

[Grace_Adler]

ROTFLMMFAO Well I've never actually seen her do it, so I don't know.

I still got cake and ice cream. Here have some.