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RottenCanuck22

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Okay I will try to keep this simple even though it's not...

My biological father, who was never part of my life or paid a penny of child support, died a couple years ago and he had an Estate with no Will. I am trying to make a claim to the estate as it is my legal right to as his son from what I understand. The problem is my mother, who says she is 100% sure that he was my biological father, put on my birth certificate that the father is "unknown" because they got in a fight or something. I haven't seen my birth certificate and am currently trying to get a copy since I think my mom either threw the original out or just lost it but I do believe her that she would put my father as unkown.

On top of that, everything looked good because I was going to get a DNA test matching our DNA to prove that I was his son but sure enough the hospital where he died at didnt take a sufficient enough swab and the lab was unable to get a complete profile of his DNA. He has no items left now and his body was cremeted so from what I know, there is no other way for us to get his DNA sample.

Does any one have any suggestions on something that I could do? I need to prove I am his son but I can't think of any way I can do that now..

Thanks

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He never took the role as guardian, he sold out entirely which is fine by me but it would be nice to get a piece of that Estate.

I have no idea who ordered the body cremeted but this is a couple years after so it wasn't neccesarily done really fast but I don't even know. I'm more worried about the hospital that was supposed to get a usuable DNA swab failing to be honest.

My mom isn't trying to hide anything really, there are multiple people in my family who said that he was my dad but she did actually not want me to know that she put "unknown" as the father, which is why this is screwed up to begin with. I'm 95% sure that he is my father though, from pictures I saw we have similarities in our appearance and everything. I'm trying to keep things simple but basically my mom said "oh he wasn't part of your life you dont have a right to that estate" and my thinking is, well he was my biological father, he didn't pay a dime of child support, and with no will at his death its my legal right to make a claim.

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I have my birth certificate I just don't have the longer version or whatever that has parents names and what not. I'm pretty sure you need to make a special order and pay some coin to get that one but that's what I'm going to do now.

I haven't seen the guy for 20 years (was around occasionably up until I was 3) so there is no getting his DNA from somewhere in my house. The reason it would say "unknown" for my father would most likely be because he didn't think I was his from what I understand. I know what you guys will think but because my mother was white and father was brown, and I came out white, it's obvious he would be skeptical if I was his but the thing is, I believe what my 6 other family members have told me, and I see the resembalances from the pictures even though his skin is darker than mine...

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Public trustee said they don't have any of his personal items anymore. He died a few years ago so I can understand that. The lawyer that was helping me has said "I don't know of any other way for ---- to prove his relationship" and public trustee said "I do not think there is anything else we can do unless your client has an idea?"

This pisses me off so much.. Why do I have to suffer because they can't take a proper DNA sample of a guy who died somewhat young (which they are supposed to do)? It's my right as his biological son to make a claim but I can't do that because they fracked up. Or should I just be mad at my mom for not putting him down as my father in the first and making this mess I don't even know.

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Well nobody was helping me with this for one, I didn't even really think about it. Also, after my mom confirmed it was him who died (after first hearing about it from an obituary or whatever), she said things like "oh we didn't find any info about a will or anything like that and he was probably a broke loser anyway" which is completely wrong - he had a significant estate. So being somewhat young and not experienced with this sort of thing I didn't even really think about it. It wasn't until my moms ex husband, the father of my moms other kids and my half siblings (who says "I owe him my life") said I might have a claim to some sort of estate when he started helping me look in to things, which was probably to late anways. My mom probably didn't want to help cause she knew she wouldn't get money and her ex husband probably wanted to help because he wanted some money for having to pick up the slack..

It's an extremely complicated issue and I don't even think its possible for me to explain it properly.. All I know is I got royally screwed.

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What a terrible situtaion.

Sorry if this is a bit personal, but how much do you stand to gain if you can indeed recover from his estate? I'm only asking because if it isn't a significant amount (5 figures minimum) you may be better off just letting it go because you could end up with some serious attorney's fees to pay that could eat a serious chunk of what you recover.

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What a terrible situtaion.  

Sorry if this is a bit personal, but how much do you stand to gain if you can indeed recover from his estate?  I'm only asking because if it isn't a significant amount (5 figures minimum) you may be better off just letting it go because you could end up with some serious attorney's fees to pay that could eat a serious chunk of what you recover.

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