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

job that has a life...
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.
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Answered in 5 minutes by:
10/20/2017
jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 466
Experience: I am a licensed practicing attorney in Tampa, Florida.
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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!

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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?

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Customer reply replied 1 month 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 1 month ago
typing is fine

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

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Customer reply replied 1 month 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.

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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.

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Customer reply replied 1 month 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!

jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 466
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Category: Family Law
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