- April 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Dealing with Inheritance Issues After a Loved One’s Passing
Two months ago, my close father passed away, leaving behind his house to me. However, he did not have the opportunity to update his will or deed to reflect this wish due to financial constraints. Despite proving my biological relationship to him through a DNA test, I am now faced with the challenge of securing my rightful claim to the property in probate court.
The situation is complicated by the fact that my father had three other children, two of whom are currently incarcerated and one who has never held a job. Additionally, there is an adopted minor grandchild in the mix. While many have told me that there may be little recourse for me in this matter, I am determined to explore all possible avenues to honor my father’s wishes.
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No one can give you specific guidance without knowing where you live. But no matter where you are, you need an attorney because you are likely talking about a will contest, which is no easy feat.
I am sorry to hear of your family’s loss.
>2 of his kids are incarcerated and 1 hasn’t had a job all of her life
Which one is your parent ?
Did your grandfather know he was your biological father, or acknowledge that fact during his lifetime ?
>I proved that he was my father via DNA test
A court-ordered one ? Or one where you stuck someone’s cheek swab into an envelope and mailed it off to a lab ? Did you also use a DNA test to exclude your legal father from your paternity ?
>update his will/deed
So he did have a will. Who did it appoint to be the executor of his estate ?
Contesting a will is a complex process, and a parent isn’t required to include all of their biological children in the distribution of assets.
You can consult with a probate attorney.
Edit: you said in another thread that your grandfather doesn’t have a will.
There may be a way for you to step into this set of children who want the house to remain in the family and agree to be appointed the representative for his estate, and to get everyone to agree to put the house in a trust or similar legal arrangement. You will almost certainly have to pay out some money regularly to his children who are in prison or jobless for them to agree to this.
That requires delicate personal diplomacy, and a probate attorney.