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  1. #1

    Default Help

    I have a 10 year old that had an established relationship with his now deceased father. He never signed the birth certificate. His dad would pop in and out when it was convenient for him, and send money also when it was convenient. We broke up in 2012, and the last payment he sent was a month before he died. His family is not cooperating with me in applying for benefits. Is there any way I can establish paternity now?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,627

    Default Re: Help

    Quote Quoting Sillygirl1109
    View Post
    there any way I can establish paternity now?
    A DNA test. But you are going to need a lawyer if you expect to get anywhere with your son's claim to his father's estate.

    Meantime check the probate court where your ex resided and/or died and see if a probate file was opened and a will filed.

    Don't expect to get any cooperation from the family if you don't have a lawyer.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,148

    Default Re: Help

    Are you sure your son's father paid enough into social security?

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,045

    Default Re: Help

    Have you filed a claim and it was denied? A survivor claim is not retroactive to the date of death; it is only retroactive to the date of filing. The claim will be denied since there is no evidence, but you could appeal and keep the claim active during the appeal while you attempt to establish paternity. You still may never win the case because you might not be able to prove paternity.

    And again, are you sure he worked enough years to be insured for SS? Did he have other children that are going to share in the family max?

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