DNA Test Proves Legal Father's Nonpaternity, But Biological Father is Deceased

[MissLady]

My question involves paternity law for the State of: Michigan
Our son died in car accident a year ago. His unmarried former girlfriend named someone as the father of her daughter 8 years ago, although she and our son apparently were still seeing each other. Recently she admitted the child might be my son's. When I saw the child, she looked just like my son when he was her age. We payed to get the grandparents DNA. Both grandparents, mom, child, submitted swab to DNA testing company. Results: 99.9999 probability we are the grandparents. This was not the legal court version, but we are willing to do it again, with the legal route. Mother of child claims she just needs to "take the other father off the birth certificate". When I looked on the website, only way this is possible is if NO father was named in the first place. She claims she put the other mans name on the birth certificate. She is collecting child support from this other man. . . She claims she told him and he is willing to drop off once he sees paperwork. I am beginning to wonder about her. . . we are willing to do what needs to be done to establish paternity. The child would be able to collect social security and inheritance.

[CourtClerk]

If you'd like to include the child in your will, you can do so right now, without court intervention. However, after 8 years, it's MUCH too late for the legal father of this child to dispute paternity and your son is not around to establish paternity. She can't just take someone off the birth certificate, it doesn't work that way and since your son is not this child's legal father, she cannot collect social security benefits for the child.

Sorry for your loss.