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: 1,422
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 8 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 8 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 8 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 8 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: 1,422
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: 1,422
1,422 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

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 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 son's mother filed a petition for paternity/child support
Hi, my son's mother filed a petition for paternity/child support with a standing order that reads under paragraph 8: "each party is hereby enjoined and restrained from causing or permitting the minor … read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I need help getting a paternity test from my ex who is
Hello Pearl. I need help getting a paternity test from my ex who is unresponsive. I may potentially be the father of a 3 year old child and I need to know for sure if I am the father but she refuses t… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I was wondering how do I file for paternity for my daughter.
I was wondering how do I file for paternity for my daughter … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
Can a paternal grand mother sue to get visitation rights
Can a paternal grand mother sue to get visitation rights when her son the father is mentally disabled and blind? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
My husband (of 20 years) was just served with a paternity
Hi, my husband (of 20 years) was just served with a paternity suit involving two children (9 and 4), from a woman he'd been having an extra-marital affair with. He doesn't know for certain whether he … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
137 satisfied customers
If a paternity test comes back positive does the father have
If a paternity test comes back positive does the father have to legitimize the child if he was under the belief his partner was on birth control? … read more
Jessica B
Jessica B
1,422 satisfied customers
I have a question about talking a paternity test for a
good afternoon, i have a question about talking a paternity test for a child … read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
When paternity has never been proven within the time limit
when paternity has never been proven within the time limit set by statute and a putative fathers name is ***** ***** certificate of birth, without expressed consent , is the certificate a nullity ? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Trying to get information on how to sue a mom for paternity
trying to get information on how to sue a mom for paternity fraud … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
My lawyer filed a paternity action even though I was already
Hi, my lawyer filed a paternity action even though I was already the paternal father … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
Have a question about a paternity issue. can you help with
Hi. Have a question about a paternity issue. can you help with that? … read more
LegalEase101
LegalEase101
Attorney
Juris Doctor
1,721 satisfied customers
Need information on how to get a paternity test for my
need information on how to get a paternity test for my husband who is in jail but he recently found out he may be the father of a 15 year old girl. Her mother is deceased and she lives with the suppos… read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
We are the paternal grandparents of 3 granddaughters and our
We are the paternal grandparents of 3 granddaughters and our son their Dad is deceased. We went to court on Monday after petitioning the court for visitation. We have had a very close relationship wit… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I'm trying to establish paternity in the state of Arizona
I'm trying to establish paternity in the state of Arizona and the other party is making this process extremely difficult. He is in the military and is hoping to be deployed before the court orders the… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
What process is requiered to prove biological paternity?
What process is requiered to prove biological paternity? … read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
Paternity determined when the child is 16, If a custodial
Paternity determined when the child is 16, If a custodial parent received welfare/assistance from the state, can the non-custodial parent be ordered to pay that back once a child support order is issu… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
I'm trying to establish paternity, my X girlfriend will not
I'm trying to establish paternity, my X girlfriend will not sign the ROP, and has put a retraining order on me so now I have no way of giving my support money for my son . I have to fill out a paterni… read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 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