Friday, December 28, 2018

How to Inherit by Establishing Paternity

Lafayette executed a will in 1997 leaving his musical instruments and equipment to a friend. He left the rest of his estate to his brother, James.

In 2004, Jim established - in Connecticut Superior Court - that Lafayette was his father. Lafayette had no knowledge that Jim was his son until it was established in court. Once paternity was established, the Court ordered Lafayette to pay child support for Jim because Jim had not yet reached 18.

Then Lafayette died in 2007. One month after he died, Jim filed an application to administer his father’s estate with the Windsor Probate Court. Jim did not know that his father executed a will in 1997, so he filed an application for an intestate estate. One week later, Lafayette’s brother - James - filed the 1997 will and an application to administer his brother’s estate as a testate estate.

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