Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My son recently passed. he had just recently started a new…

My son recently passed. he...
My son recently passed. he had just recently started a new job that has a life insurance policy on him. He had not completed the beneficiary section. He has never been married but may have a child. He was not put on the birth certificate as her father. Would she be considered next of kin legally? She lives in california and he resided in Arizona.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
10/20/2017
Jessica B
Category: Family Law
Satisfied Customers: 2,099
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Ask Your Own Family Law Question

I am so sorry for your loss and hope I can help during this difficult time. The life insurance would be paid to your son's estate. Did he have a Will?

Ask Your Own Family Law Question
Customer reply replied 11 months ago
OK. So my question is would she be considered legally his daughter. The mother did not use his last name and did not put him as the father on the birth certifcate?
Customer reply replied 11 months ago
typing is fine

Yes she can still legally be his daughter even if his name is ***** ***** the birth certificate.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
How can we prove to the life insurance company she was his?

Generally the best way is through DNA testing. If the surviving parent is unable to produce legal documentation, the parent may still prove paternity by ordering DNA testing of the deceased father. The surviving parent can use the alleged father’s hair or blood samples acquired from pre-death medial treatment or testing. The parent could also acquire posthumous DNA samples. These samples can be obtained from the medical examiner, coroner, or mortician who may have performed or completed an autopsy, medical lab testing, toxicology report, or embalming of the alleged father. In most cases, these samples could potentially be available for several years following the burial of the deceased.

Ask Your Own Family Law Question

When a surviving parent is unable to acquire any genetic samples from the deceased father, the survivor may reconstruct the alleged father’s genotype using DNA samples from his surviving family members. The parent may request that the child’s alleged grandparents or the father’s siblings submit to a DNA test.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
ok. thank you

No problem. Again, I'm sorry for this difficult time and hope I have been of help. Please remember to rate my answer. Thank you!

Jessica B
Category: Family Law
Satisfied Customers: 2,099
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 2,099
2,099 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My name is, my niece has a 11 month year old daughter and
hi my name is ***** ***** niece has a 11 month year old daughter and the father denied paternity since she told the boyfriend that she was pregnant. Now that the baby is 11 months the father took a pa… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
My wife is filing. she gave birth to our son before we were
my wife is filing for divorce. she gave birth to our son before we were married. He has my last name and my name is ***** ***** birth certificate. I am not his biological father do I need to have a pa… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,871 satisfied customers
Just gave birth to my son this past April on the 21st, and I
just gave birth to my son this past April on the 21st, and I just got married this month on the seventh. My husband wants to adopt my son and I need to know how to go about getting this process starte… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,871 satisfied customers
My husband and I are recently married and we are trying to
My husband and I are recently married and we are trying to figure out the best way to go about getting custody of his son. The mother of his child and him were never married. She is threatening to lea… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
I am a father of 1 awesome boy. His mom and I have not been
I am a father of 1 awesome boy. His mom and I have not been together for a couple years now, he is 3.5. I have recently moved back to Arizona because California is too expensive for me giving my line … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My father in law died on Saturday and my husband is the next
My father in law died on Saturday and my husband is the next to kin,but his uncle is claiming next to kin,we live in Maryland but the decese lived in New Jersery,there is no will,my husband birth cert… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I was married and had an affair with a guy at the Gym in Arizona,
I was married and had an affair with a guy at the Gym in Arizona, I got pregnant with his child, he encouraged me to get a divorce to be with him, so I did get divorced, then he would not break up wit… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My son recently passed away. He was a U.S. Marine and served
My son recently passed away. He was a U.S. Marine and served two tours in Iraq, two tours in Afghanistan and 1 tour in Cambodia. He never married but has an eight year old son. Unfortunately the 8 yea… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
In Indiana, is it true that even if the father signs the birth
In Indiana, is it true that even if the father signs the birth certificate that doesn't necessarily give him any rights? In this situation the mother and father are not married. I have heard/read that… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi, recently my mother passed away. Shed intended to leave
Hi, recently my mother passed away. She'd intended to leave her life insurance and retirement to her kids. As it happens, we believed she was still married to my father, so the monies would revert to … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I live in Ohio; Today, I find out my 19 y/o son has a 6 month
I live in Ohio; Today, I find out my 19 y/o son has a 6 month old baby with a woman who is married to someone else. The woman's husband had joined the military and had gone to basic training, when he … read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
My wife Sarah has a son from her first marriage and I want
My wife Sarah has a son from her first marriage and I want to adopt him. The story is, when the biological father was married to Sarah he never keep a job and was always disappearing for weeks at a ti… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
My mother just passed away and had not changed my fathers
My mother just passed away and had not changed my father's name as her beneficiary on her life insurance policy here in North Carolina. Her policy is through state farm. She and my father have been di… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
If a single mother of a dependent child dies without a will,
If a single mother of a dependent child dies without a will, who is the child's legal next of kin and would that person be the one to legally take custody of the child? No father is named on the birth… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
MY SON JUST GOT TAKEN AWAY FROM ME BY HIS FATHER. THEY LEFT
MY SON JUST GOT TAKEN AWAY FROM ME BY HIS FATHER. THEY LEFT THE STATE OF CALIFORNIA TO COLORADO. WHAT ARE MY RIGHTS?… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I reside in Dickinson, North Dakota 58601. I have married to
I reside in Dickinson, North Dakota 58601. I have married to my wife for over two years, we recently had a child on August 1st, we were unsure of the biological father so we had a paternity test done.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My former husand recently died. We were married in 1989.
My former husand recently died. We were married in 1989. I own and am the beneficiary of a life insurance policy I bought while we were married in 1998. We divorced in 2001 and I continued to own the … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am a newly married single mother with a five year old son.
I am a newly married single mother with a five year old son. My son was born in Cook County Illiniois and we have resided here ever since. Mine is the only name listed on the his birth certificate. Th… read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x