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Paternity from deceased

Discussion in 'Paternity Law & DNA Tests' started by Deving, Jul 17, 2018.

  1. Deving

    Deving Law Topic Starter New Member

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    Hi, I would like to know is it possible for me to get a court order from my father's siblings for a DNA test? My father died like a month and a half ago. My name is mentioned in his insurance claim. I have to prove I am his kid and he is not on my birth certificate . His brother does not want to cooperate can a judge make him?
     
  2. zddoodah

    zddoodah Well-Known Member

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    In the abstract, virtually anything is possible.

    Why do you think this man is your father? Was he ever married to your mother (and, in particular, was he married to her around the time of your conception and birth)? If he and your mother were never married, why wasn't any effort made during his lifetime to establish paternity?

    Please explain exactly what this means. "His insurance claim"? Against whose insurance did he make a claim and why?
     
  3. Deving

    Deving Law Topic Starter New Member

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    OK so my mother was never married to him. I've met him before and I have spoke to him over the years. His longtime friend called my mother to let us know he passed away. And that he might have left some money for me through his insurance. I got in contact with his brother but his brother was being weird and didn't want me to have anything to do with the funeral. So I called his insurance and they said my name was mentioned but I have to prove I'm his kid like a birth certificate. He's not on it.
     
  4. zddoodah

    zddoodah Well-Known Member

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    I'm still not clear as to why you think this man is your father or why no effort was made during his life to establish paternity.

    It sounds like your reference to an "insurance claim" was in error and that you're talking about possibly being a beneficiary of a life insurance policy.

    You're "name was mentioned"? What does that mean? Mentioned by whom (or on what)? Are you listed as a beneficiary on a life insurance policy? If you're listed by name, then I can't imagine why the insurer would require you to prove your relationship.

    Bottom line: I can't imagine any court ordering this man's brother to submit a DNA sample for the purpose stated. I suggest you contact a local attorney how you can establish paternity. It may be that you'll need to file a court action, and it may be that you can succeed with only your mother's testimony, but you'll need to discuss with a local attorney.
     

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