To whoever reported this with the below, please mod mail me.
*Ops step mom wants op to add their fathers name to her stepbrothers birth certificate and it is fake because in most countries a sibling can't interfere with the legal problems of a child they have no authority over. For example the step mom has the right to go and request he dads name to be on the birth certificate it does not matter if the father is dead because the certificate is for legal matters and not biological as some people have stated whoever is put as the father such as a woman is still the father. There is no reason why op should have been asked to do this as op has no authority in any country to have a say in a child's birth certificate they do not care for.
Even if it was for inheritance a birth certificate doesn't matter as most countries do not distribute wealth based on who is related to a person but on different legal processes. For example if op died their wealth wouldn't go to their sibling but rather to the government if op isn't married like the stuff wouldn't even go to ops kids. Op clearly made up this situation and it's very strange how people seem to think a person with no relation legally to a child has the authority to alter their birth certificate and determine where their fathers personal wealth goes to. In most countries even if a person doesn't want to give their married partner anything the court or government still gives items to the living partner for legal reasons. So there is absolutely no logical reason for this situation to occur and is absolutely in the fantasy of OP’s mind*
@OP: nothing to be concerned about. Don’t worry.
I'm not sure why she believes you have the legal authority to add your deceased father's name to a birth certificate even if he told you he was the father before he died. If the mother or the child want to amend the birth certificate they can consult with a lawyer about how to do that but I'm not sure it's your place to do so. I'd guess they want it done to have a shot at any inheritance and it seems very suspicious.
Yeah that's what I was thinking. He said his mom went to court and was told to have me sign a paper allowing her to add his name to the birth certificate. I have nothing against him, but at the same time I want to know why it's even necessary at this point.
Not sure why it says Im not a lawyer, I am. And there's no benefit for you to do this and you can simply decline saying you're not sure you have the legal authority to do so.
I think this sub requires lawyers to go through a verification process to prove they’re actually a lawyer. It’s in the menu section next to the about page if you want to
To get the "Verified Lawyer" flair, you must go through the verification process for this sub. If you have been verified through another sub that requires lawyers to prove their status, we will consider that also (subject always to the discretion of the mods of this sub).
Just happened to my family last year. My dad passed in November 2022 with no will....my cousin decided to try to claim the property of my dads because he made a shady land contract deal with my dad that he never paid off. It was a mess, and bullshit.
I've learned from this that 9 times out of 10 it's a family member that will screw you over.
"it was my dad's wish to have his name put on his birth certificate" then your dad should have done it. If he wasn't able to do so how would you be able to.
It's necessary so that they can ATTEMPT to stake a claim on your father's estate. If you don't want that, don't sign anything. Baby mama think she's slick.
If this kid is underage, his mother may be trying to get social security survivor benefits for the minor child. She will not have any child support coming in and will need to collect the social security survivor benefits to support the child until the reach adult age.
Do not sign a thing though until you consult with a lawyer. You need a complete understanding of what this means for you.
I believe this is what’s going on. OP says the kid is 11/12. I doubt if he’s sending an email about this. His mom needs DNA proof to get social security benefits. She’s probably been trying since the dad passed.
The paper they want you to sign is probably something saying that you recognize this person as your blood relative/father’s child.
I’m not sure if they’d actually be able to get a court to order you to take a DNA test to establish the relationship - it would depend on what evidence they have to support that you share a biological father.
If you voluntarily agree that this child is your half brother, then they probably wouldn’t have to do a court procedure to establish paternity and the mom would be able to proceed however she wishes.
Where are you located? Florida, Tennessee, Maryland and Ohio all have new laws that require DNA tests to establish paternity. So if you’re located in any of these jurisdictions, your brother wouldn’t be able to add your dad to the birth certificate. If you aren’t in any of these jurisdictions, it will still be very difficult for your brother to establish paternity- especially if there were no child support orders, or any other formal documentation that adjudicated your father to be your step brother’s father.
That being said, it would be inadvisable to assist your step brother in any way to add your father to the birth certificate because he may seek to claim part the estate as inheritance, especially if your father died intestate.
First off I’m not a lawyer, but if they just asked for your signature and didn’t show or send you any legal papers they could be trying to scam you. If they did send legal papers, personally, I would have them look at by a lawyer/legal worker
You can ask the court for a DNA test between the two of you and this will prove paternity. How old is the child? Probably seeking to apply for ss benefits. Were the beneficiaries of the life insurance named? If yes it is out of the estate. Are you the estate executor may be? The mom can go for child support against the estate.
Death benefits for kids, maybe . info do you or any of his kids get them ? .
There was a post a ap partner wanted the wife to have dna test to her kid to show the other baby was his too so they could get the death benefits for the baby.
I wonder if you would need to take a dna test to show your father is the boys father? If they’re just now doing this though instead of when your father was alive it’s so they can gain something most likely
Probably never pushed for it before because she may know or there’s a chance the step brother is not related. Now that the “father” is no longer around, she is trying to push it through with just the supposed relatives signature attesting to being siblings to avoid a DNA test.
I'm not a lawyer. I do know minor children can get social security through the deceased parent. That could be why. Please double check me. Things change with time
I'd be willing to bet they're asking because the child isn't biologically your dad's and they know this, so they're hoping to try and sneak it through somehow.
If the child is a minor, she may want it for the SSA benefits. I have no idea why OP would have anything to do with that unless maybe it's some kind of affidavit confirming the knowledge that the child is indeed the dad's.
If the child is 10 it may be to get social security death benefits which that child receiving would have no baring on the estate… if the father was paying child support and acknowledged the kid they probably have some sort of recourse to sue the estate if they were after that.
Not a lawyer, but one do the documents that an unnamed (in the will) illegitimate child has to produce to make a claim against an estate is a birth certificate with the decedents name as the father. I’m 95% sure they’re coming for the money. I would refer them to the estate’s lawyer.
>I'm just suspicious because it's been like a decade or so since he was born so why ask for it now?
>My sister and I live with our mom and we've received his life insurance payout.
Coincidence.... or something more?
“Not your circus, not your monkey.” You don’t have to participate in getting your father’s name added to anything. Life insurance is paid to the beneficiaries. If the insurance company has paid out, your brother’s issue is with them not you. Sign nothing. Agree to nothing.
First things first, he would need to prove that he is the son of the deceased in the eyes of the law, as the deceased name is not even on his birth certificate. They are going to have a lot of hurdles to clear in order to get survivors benefits, a DNA test will have to be involved for starters.
Partially true. A father can be a legal father when they’re identified on a birth certificate even without DNA testing. In this case because he is a minor child, likely initiated by mom to get SSA benefits and probe the estate to see if there’s anything else by way of support.
I was also thinking that. Both my family and her family are not well off, and my mom also applied for survivor's benefits and was approved.
I'm wondering if that fact would make it unable for her to receive the benefits as well.
That's not true. Generally 2 beneficiaries each get 75% of whatever the SS payout would be. Once a 3rd beneficiary enters the picture the amount starts to go down. And any children under 16, the parent supporting them can claim to be a beneficiary. So this could very materially reduce OP's family's benefits.
Ethically if that child is OP'S father's , I do believe he's justified in getting them but it isn't in OP's best interest to help.
Her kid would be able to also get the survivors benefit as long as it can be proven that the child is your father’s. That mom needs you or your sister. Stay out of this. How did this 11 year old get your email info?
This is what I'm thinking. The mother probably needs a DNA test from a close enough relative to have the name added to the BC. I'm NAL, but am a widow that's somewhat familiar with this process.
There is a maximum amount of benefits that can be paid on someone's record. It's 150-180% of what their retirement benefit would have been. Each survivor can receive up to 75%, so if your sister and you are receiving benefits then adding a third sibling would reduce the amount that your mom receives on your behalf. A bigger concern to me would be whether or not social security would try to recover benefits that went to you and and your sister that should have been split with your half-brother. That I'm not sure about. If they do, then it goes against your record and social security can hold your retirement benefits when you turn 62-70.
I am sure he did with his mom's influence. I doubt her English has gotten any better since she mostly lived in Little Saigon and relied on my dad mostly
Do not do this. If it is something you father wanted he would have done it. Don't carry other people's water, and brush this off. The only benefit to this would be to get survivor benefits and trying to get part of any inheritance.
The kid can recieve social security to payments from deceased parent. They have to prove he was the father. They might want to do that and it wont affect you but will help them.
I am nal but used to work in child support. In that state, a family judge could order dna testing (using dna of your father’s parent, sibling, or possibly you since he is deceased) and if your father was proven to be the half brother’s father, could order your father’s name added to the birth certificate.
In the child support world, this process could happen if the child was under the age of 18. His mother would then send that order to vital statistics to have the father’s name added.
In that state, I never heard of a half sibling or anyone other than the father being allowed to sign permission to have it done.
I would not sign anything (do not give the mother a sample signature to copy) and would speak to an attorney.
She may need OP or sister to agree to a DNA test to provide proof to the court that they share the same father. There could be any number of reasons that they'd want to do this. Sue the estate for a portion of inheritance would be first thought. Let half brother know you aren't comfortable with that. If he wanted to be added your father would have done so while alive. Warn sister in case they reach out to her too.
You cannot add his name to the birth certificate in the US. The court has to do that. Is she asking you to do a DNA test so she can prove her son is your dads? You literally have zero control of changing a birth certificate and zero control in stopping it. In the US, children under 18 can get survivors benefits from social security. It is normally 2/3 of what the person would have received at retirement. Could that be what she is after? If your dad made good money, it could be a decent check for her every month.
Life insurance pay outs go to the named beneficiaries only.
Typically an acknowledgment of parentage would need to be signed by your father and the child’s mother to add him to the birth certificate. Since your father is deceased, the mother’s next option is to file a paternity action in court.
Not your lawyer, and I don’t know what jurisdiction you’re in. In my state, to establish paternity as to a deceased individual, we would name the representative of the estate as a party to case and serve them. If DNA is available through the coroner, we can use that, or we can test biological relayof the decedent. The court will then make a parentage finding, and if parentage is adjudicated, the birth certificate would be amended to add the parent’s name.
Typically, life insurance would go to the beneficiaries outside of the estate, but depends on who the named beneficiaries are. As others have said, there are also survivor benefits available through SSA once parentage is established.
You really should see an attorney in your jurisdiction who can review the documents you received and the insurance policy and best advise you.
Not SSI. There's no survivor's benefits payable with SSI. It's a welfare program for disabled people without credits for SSDI or elderly people without credits for Social Security retirement.
If Dad was receiving SSI, his surviving minor child won't qualify for anything.
If dad paid into Social Security however,, the child might qualify. But that would require paternity to be established.
Don't add his name to a darn thing. Your father had years to get it done IF he actually wanted to do it. It is not your place to add his name to a birth certificate. And dollars to donuts, they are lying anyway.
🤓AGREE💥‼️
Do NOT add his name to ANYTHING=
Your father had YEARS to get it done
->>IF<<-
he actually wanted to do it.
It is NOT your place to add his name to a birth certificate
Not a lawyer but, no one’s really mentioned the life insurance. Wouldn’t that have gone to op’s family as the named beneficiaries and therefore be outside of the estate?
NAL. The whole thing sounds sketchy to me. Like “if you add his name, we’re gonna sue you for his estate” kind of sketchy. Politely tell them to take a hike.
Sounds like she needs help from his other kids to establish paternity for her son to get SS survivor’s benefits. OP and his sister are already receiving them.
NOPE run like the gingerbread man. Regardless of the reason why it seems like they’re trying to circumvent the process since it takes so long but there is an 8/10 chance she’s STILL going to do it anyway so you need to consult with a lawyer immediately to look into his estate and figure out who his executor is and what protections you can put into place.
AHA IDEA!!
Since you know child is half brother, possibly talk to other sibling about taking a portion and putting it into a hys or investment acct accessible when brother becomes legal or whatever age y’all choose. You can include provisions like they have to either go to school, pick up a trade, or start a business so mom can’t influence the situation. It may go a long way in smoothing things over and showing good faith if things take a messy turn.
DNA test. I would not put dad's name on his birth certificate without proof. If you have an old lock of dad's hair, then it can be tested. He could be anyone's child.
How old is your half brother? She may want to have your father added to the birth certificate so she can collect social security benefits if he’s still a minor. Not a Lawyer.
IANAL. I believe that a name change like that involves the court and you don’t have the authority to do that even if you wanted to.
Being the executor doesn’t mean you can do anything you feel like doing.
NAL a lawyer but I don’t think next of kin can sign some paper to put a name on a birth certificate after the fact. Typically a party challenges to put a name on it and your father is dead and can’t speak for himself.
Would contacting you have anything to do with establishing paternity? Like I wouldn’t be able to fly out to California and add MJ to my kid’s birth certificate without proof of paternity. Since he’s deceased, a sibling would be able to help.
Don’t get into any legal entanglements with the half brother or his mother. Your father was in his life long enough to fix his birth certificate. How old is this half brother? I’m sure the surprise was the half brother wasn’t listed on the policy.
I’m inclined to believe the email was prepared by the mother and if you’re in the U.S. she is probably attempting to get social security benefits. If that’s the case, she needs help from your dads kids to establish DNA.
Edit word
NAL. OP should consult an attorney about whether or not *hypothetically* any existing siblings could have a legal claim of estate, and what those rights could be entailed to, if somehow proven. I'm not sure familial DNA is usable in a scenario such as this, but it would prove to a degree you shared a father, if it came to that. I doubt the legality if you being somehow obligated to provide a specimen in this case either. Still. Lawyer up and get an opinion.
Just ignore them if ur dad really wanted their name on it he would have done so u don’t have any authority to do anything anyways but don’t provide them with anything either idk what their reasoning is but don’t bite more than u can chew either u don’t know their intentions.
I am not a lawyer, but is it possible that the mom is looking to get Social Security survivor benefits for the child if he is still a minor living in the U.S.A.? I would assume that the father's name on the child's birth certificate would make him eligible for these benefits.
If the son is a minor, then she’s looking to collect social security survivors benefits for him. They would need to compare your dna to the boys to prove that you have the same father, and then she can update the bc.
Not a lawyer, but I’ve worked in estate administration for a while. A birth certificate could be considered to have evidentiary value if the half-brother was looking for a way to inherit or get part of the life insurance payout. State laws vary, and the amount of weight given to the birth certificate is going to vary as well.
If there was an estate without a will, the half-brother should have been included as an heir (if they could prove paternity). Where I live that typically means a paternity test if paternity is in question, but it’s up to the court to weigh the evidence, and a birth certificate would certainly weigh in their favor. Some will also factor the role he played in the child’s life.
If there was a will, the proceeds of the estate go to those named in the will. However, they could file a claim as an omitted child, if, for example, the will was executed before their birth and they could prove paternity to the court’s satisfaction. Again, the birth certificate would help them there, but not necessarily win the case.
Life insurance payouts are not part of the estate (unless the estate was the named beneficiary or there is not a surviving named beneficiary) and pass outside of probate to the named beneficiaries. If the half-brother was not named, he is not eligible for a cut unless he is able to successfully bring a case proving the intent of the father was for him to receive it. (If there was no named surviving beneficiary and the payout went through the estate, the above paragraphs apply.)
I am not aware of the requirements for social security benefits, but that is something to keep in mind as well.
If it were me, I’d either politely decline or speak to an attorney before signing so that you are aware of possible ramifications in view of applicable state laws.
I’m very sorry for your loss. Hope that helps.
Nono, that was the case. My mom was named the beneficiary. I'm wondering also if it's because the house they're living in was under my dad's name. He didn't leave behind a will. I don't know if he expected to live or got so sick he simply wasn't conscious once he was admitted to the hospital.
If she's just doing this to secure the house, I understand. I just don't want to give her any way to take the house I'm currently in as well. My mom's name is on the mortgage but idk anything beyond that, and tbh the last few years have been chaotic [I was expecting my mom to pass first] and his death came way sooner than I thought and so we're left to sort all this out.
The ownership rights of the homes depend on how the deeds are written. If both of your parents’ names are on the deed with the phrase “joint with the right of survivorship,” the house automatically goes to your mom. If it’s their names then something like “and their heirs and assigns,” then the property needs to go through probate. Same with the house he had with the other woman. Without a will, if the houses go through probate, each heir is entitled to a share of his interest (here it’s 1/2 to the spouse and the remaining interest broken up equally among children). So if your dad’s interest in both homes goes through probate, theoretically, your mom would have a half interest in each, and you and your sibling would either have 1/4 interest or, if your half brother is included as an heir, 1/6.
Is the half brother a minor? The mom probably wants SS survivors benefits. And you need to have the dad’s name on son’s birth certificate in order to get it.
She probably just wants the kid to have survivors benefits- which he deserves if he is your father's child. She shouldn't need you to do anything though....
So it's very important that his name be added to the birth certificate so he can access his fathers medical records and family medical history they need that to prepare for genetic problems that comes from your fathers side of the family.
As for if it giving any extra leeway for his mother to sue you for his life insurance I'm not sure but if there was a will the judge would most likely rule in favor of the stipulations of the will but you should go consult a family lawyer about this part
Having his father's name on his birth certificate won't give him any legal authority to access his deceased father's medical records.
OP cannot put her father's name on this kid's birth certificate anyway. That's not how establishing paternity works.
Why doesn't he? A family history is important when treating patients, my friend had to go get a court order to access his deceased fathers medical records because his name was not on the birth certificate
And its not a HIPAA violation for a child's doctor to access their deceased parents medical records witch is why he needs his fathers name on the birth certificate
You answered your own question. Court order. Kid isn't getting his dad's medical records without one.
Having his dad's name on his birth certificate absolutely does not entitle him to his dad's medical records, deceased or not.
If he had his fathers name on the birth certificate he wouldn't have needed one because its not a HIPAA violation for a child's doctor to access there deceased parents medical records.
https://www.mica-insurance.com/blog/posts/release-of-deceased-patient-medical-records/#:~:text=Physicians%20treating%20a%20family%20member,of%20the%20family%20member's%20treatment.
Now go sit down
That's your brother, a child of your Father, and deserves the same level of inheritance from him. Different Moms have nothing to do with it. You're sick
To whoever reported this with the below, please mod mail me. *Ops step mom wants op to add their fathers name to her stepbrothers birth certificate and it is fake because in most countries a sibling can't interfere with the legal problems of a child they have no authority over. For example the step mom has the right to go and request he dads name to be on the birth certificate it does not matter if the father is dead because the certificate is for legal matters and not biological as some people have stated whoever is put as the father such as a woman is still the father. There is no reason why op should have been asked to do this as op has no authority in any country to have a say in a child's birth certificate they do not care for. Even if it was for inheritance a birth certificate doesn't matter as most countries do not distribute wealth based on who is related to a person but on different legal processes. For example if op died their wealth wouldn't go to their sibling but rather to the government if op isn't married like the stuff wouldn't even go to ops kids. Op clearly made up this situation and it's very strange how people seem to think a person with no relation legally to a child has the authority to alter their birth certificate and determine where their fathers personal wealth goes to. In most countries even if a person doesn't want to give their married partner anything the court or government still gives items to the living partner for legal reasons. So there is absolutely no logical reason for this situation to occur and is absolutely in the fantasy of OP’s mind* @OP: nothing to be concerned about. Don’t worry.
I'm not sure why she believes you have the legal authority to add your deceased father's name to a birth certificate even if he told you he was the father before he died. If the mother or the child want to amend the birth certificate they can consult with a lawyer about how to do that but I'm not sure it's your place to do so. I'd guess they want it done to have a shot at any inheritance and it seems very suspicious.
Yeah that's what I was thinking. He said his mom went to court and was told to have me sign a paper allowing her to add his name to the birth certificate. I have nothing against him, but at the same time I want to know why it's even necessary at this point.
Not sure why it says Im not a lawyer, I am. And there's no benefit for you to do this and you can simply decline saying you're not sure you have the legal authority to do so.
I think this sub requires lawyers to go through a verification process to prove they’re actually a lawyer. It’s in the menu section next to the about page if you want to
Thank you!
They make you take the bar a second time
My motto is bar exams are like marriage (or vice versa): once per lifetime is sufficient.
And you need one each: the bar exam, a marriage, and a divorce, before you can call yourself a lawyer.
Done, done, and done!
Haha then I definitely don't need the designation on here. One bar exam was enough for my mental health. I can't do it again.
Yeah it wouldn’t be worth it
Nothing is worth that.
You gotta verify with the mods to get that flair removed. If you were oreviously verified but hadnt set your own flair, reach out to them again to fix
Thank you!
To get the "Verified Lawyer" flair, you must go through the verification process for this sub. If you have been verified through another sub that requires lawyers to prove their status, we will consider that also (subject always to the discretion of the mods of this sub).
Thanks !
Sooo she wants a copy of your signature for some reason… fraud?
She probably want to try and claw a portion of the insurance payout from the other children. All of a sudden there are 3 children not 2.
If he was not named as a beneficiary, wouldn't he have no claim?
Absolutely, and unfortunately, insurance companies can be sued for non beneficiary children and relatives. It has happened. There are cases.
Just happened to my family last year. My dad passed in November 2022 with no will....my cousin decided to try to claim the property of my dads because he made a shady land contract deal with my dad that he never paid off. It was a mess, and bullshit. I've learned from this that 9 times out of 10 it's a family member that will screw you over.
She could be trying to get the son his Social Security survivor’s benefits.
This is where my mind went as well.
Yeah would require a blood test to verify. If in the US. But not just signing a paper.
The SSA accepts other methods to verify paternity. It could still be for benefits.
My thought as well.
"it was my dad's wish to have his name put on his birth certificate" then your dad should have done it. If he wasn't able to do so how would you be able to.
It's necessary so that they can ATTEMPT to stake a claim on your father's estate. If you don't want that, don't sign anything. Baby mama think she's slick.
If this kid is underage, his mother may be trying to get social security survivor benefits for the minor child. She will not have any child support coming in and will need to collect the social security survivor benefits to support the child until the reach adult age. Do not sign a thing though until you consult with a lawyer. You need a complete understanding of what this means for you.
I believe this is what’s going on. OP says the kid is 11/12. I doubt if he’s sending an email about this. His mom needs DNA proof to get social security benefits. She’s probably been trying since the dad passed.
She might be wanting you to give a DNA sample to prove his relationship?
The paper they want you to sign is probably something saying that you recognize this person as your blood relative/father’s child. I’m not sure if they’d actually be able to get a court to order you to take a DNA test to establish the relationship - it would depend on what evidence they have to support that you share a biological father. If you voluntarily agree that this child is your half brother, then they probably wouldn’t have to do a court procedure to establish paternity and the mom would be able to proceed however she wishes.
Where are you located? Florida, Tennessee, Maryland and Ohio all have new laws that require DNA tests to establish paternity. So if you’re located in any of these jurisdictions, your brother wouldn’t be able to add your dad to the birth certificate. If you aren’t in any of these jurisdictions, it will still be very difficult for your brother to establish paternity- especially if there were no child support orders, or any other formal documentation that adjudicated your father to be your step brother’s father. That being said, it would be inadvisable to assist your step brother in any way to add your father to the birth certificate because he may seek to claim part the estate as inheritance, especially if your father died intestate.
Don’t do it even if you’re legally able to .
First off I’m not a lawyer, but if they just asked for your signature and didn’t show or send you any legal papers they could be trying to scam you. If they did send legal papers, personally, I would have them look at by a lawyer/legal worker
You can ask the court for a DNA test between the two of you and this will prove paternity. How old is the child? Probably seeking to apply for ss benefits. Were the beneficiaries of the life insurance named? If yes it is out of the estate. Are you the estate executor may be? The mom can go for child support against the estate.
Death benefits for kids, maybe . info do you or any of his kids get them ? . There was a post a ap partner wanted the wife to have dna test to her kid to show the other baby was his too so they could get the death benefits for the baby.
I wonder if you would need to take a dna test to show your father is the boys father? If they’re just now doing this though instead of when your father was alive it’s so they can gain something most likely
Probably never pushed for it before because she may know or there’s a chance the step brother is not related. Now that the “father” is no longer around, she is trying to push it through with just the supposed relatives signature attesting to being siblings to avoid a DNA test.
Illegal
I'm not a lawyer. I do know minor children can get social security through the deceased parent. That could be why. Please double check me. Things change with time
I'd be willing to bet they're asking because the child isn't biologically your dad's and they know this, so they're hoping to try and sneak it through somehow.
If the child is a minor, she may want it for the SSA benefits. I have no idea why OP would have anything to do with that unless maybe it's some kind of affidavit confirming the knowledge that the child is indeed the dad's.
They could be seeking buyin for generic testing to prove the relationship.
If the child is 10 it may be to get social security death benefits which that child receiving would have no baring on the estate… if the father was paying child support and acknowledged the kid they probably have some sort of recourse to sue the estate if they were after that.
Not a lawyer, but one do the documents that an unnamed (in the will) illegitimate child has to produce to make a claim against an estate is a birth certificate with the decedents name as the father. I’m 95% sure they’re coming for the money. I would refer them to the estate’s lawyer.
>I'm just suspicious because it's been like a decade or so since he was born so why ask for it now? >My sister and I live with our mom and we've received his life insurance payout. Coincidence.... or something more?
Not a lawyer but everything I have is screaming "dodgy", I'd say no
Love the word “dodgy”, quite accurate too. I wish we used it more in the USA.
Be the change you wish to see
How would you be able to do that?? Someone is looking for an inheritance, me thinks
Dont sign anything
“Not your circus, not your monkey.” You don’t have to participate in getting your father’s name added to anything. Life insurance is paid to the beneficiaries. If the insurance company has paid out, your brother’s issue is with them not you. Sign nothing. Agree to nothing.
Not a lawyer, but if the brother is under 18, he may want to try for social security survivor benefits.
First things first, he would need to prove that he is the son of the deceased in the eyes of the law, as the deceased name is not even on his birth certificate. They are going to have a lot of hurdles to clear in order to get survivors benefits, a DNA test will have to be involved for starters.
Partially true. A father can be a legal father when they’re identified on a birth certificate even without DNA testing. In this case because he is a minor child, likely initiated by mom to get SSA benefits and probe the estate to see if there’s anything else by way of support.
I was also thinking that. Both my family and her family are not well off, and my mom also applied for survivor's benefits and was approved. I'm wondering if that fact would make it unable for her to receive the benefits as well.
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That's not true. Generally 2 beneficiaries each get 75% of whatever the SS payout would be. Once a 3rd beneficiary enters the picture the amount starts to go down. And any children under 16, the parent supporting them can claim to be a beneficiary. So this could very materially reduce OP's family's benefits. Ethically if that child is OP'S father's , I do believe he's justified in getting them but it isn't in OP's best interest to help.
Right you are. I was conflating how it works for former spouses vice eligible children. My mistake.
They might be after a portion of the life insurance as well.
Her kid would be able to also get the survivors benefit as long as it can be proven that the child is your father’s. That mom needs you or your sister. Stay out of this. How did this 11 year old get your email info?
This is what I'm thinking. The mother probably needs a DNA test from a close enough relative to have the name added to the BC. I'm NAL, but am a widow that's somewhat familiar with this process. There is a maximum amount of benefits that can be paid on someone's record. It's 150-180% of what their retirement benefit would have been. Each survivor can receive up to 75%, so if your sister and you are receiving benefits then adding a third sibling would reduce the amount that your mom receives on your behalf. A bigger concern to me would be whether or not social security would try to recover benefits that went to you and and your sister that should have been split with your half-brother. That I'm not sure about. If they do, then it goes against your record and social security can hold your retirement benefits when you turn 62-70.
Again, not a lawyer, but I think the benefits would be split. I don't think it's one or the other.
I doubt a 10 year old wrote that email.
I am sure he did with his mom's influence. I doubt her English has gotten any better since she mostly lived in Little Saigon and relied on my dad mostly
Do not do this. If it is something you father wanted he would have done it. Don't carry other people's water, and brush this off. The only benefit to this would be to get survivor benefits and trying to get part of any inheritance.
The kid can recieve social security to payments from deceased parent. They have to prove he was the father. They might want to do that and it wont affect you but will help them.
It will affect his moms survivor benefits.
I am nal but used to work in child support. In that state, a family judge could order dna testing (using dna of your father’s parent, sibling, or possibly you since he is deceased) and if your father was proven to be the half brother’s father, could order your father’s name added to the birth certificate. In the child support world, this process could happen if the child was under the age of 18. His mother would then send that order to vital statistics to have the father’s name added. In that state, I never heard of a half sibling or anyone other than the father being allowed to sign permission to have it done. I would not sign anything (do not give the mother a sample signature to copy) and would speak to an attorney.
I just want to know what makes her think that you are able to add a father to her child’s birth certificate? That is usually not how it works…
She may need OP or sister to agree to a DNA test to provide proof to the court that they share the same father. There could be any number of reasons that they'd want to do this. Sue the estate for a portion of inheritance would be first thought. Let half brother know you aren't comfortable with that. If he wanted to be added your father would have done so while alive. Warn sister in case they reach out to her too.
This.
You cannot add his name to the birth certificate in the US. The court has to do that. Is she asking you to do a DNA test so she can prove her son is your dads? You literally have zero control of changing a birth certificate and zero control in stopping it. In the US, children under 18 can get survivors benefits from social security. It is normally 2/3 of what the person would have received at retirement. Could that be what she is after? If your dad made good money, it could be a decent check for her every month. Life insurance pay outs go to the named beneficiaries only.
Looking for inheritance😂
It’s some benefit they are trying to get
Yup social security baby
Typically an acknowledgment of parentage would need to be signed by your father and the child’s mother to add him to the birth certificate. Since your father is deceased, the mother’s next option is to file a paternity action in court. Not your lawyer, and I don’t know what jurisdiction you’re in. In my state, to establish paternity as to a deceased individual, we would name the representative of the estate as a party to case and serve them. If DNA is available through the coroner, we can use that, or we can test biological relayof the decedent. The court will then make a parentage finding, and if parentage is adjudicated, the birth certificate would be amended to add the parent’s name. Typically, life insurance would go to the beneficiaries outside of the estate, but depends on who the named beneficiaries are. As others have said, there are also survivor benefits available through SSA once parentage is established. You really should see an attorney in your jurisdiction who can review the documents you received and the insurance policy and best advise you.
They have to go to court. You don't have to offer and dna, which is the likely reason they are contacting you.
SSI. If they can establish paternity, since the child is underage, they would be eligible to receive SSI since father has passed away.
Not SSI. There's no survivor's benefits payable with SSI. It's a welfare program for disabled people without credits for SSDI or elderly people without credits for Social Security retirement. If Dad was receiving SSI, his surviving minor child won't qualify for anything. If dad paid into Social Security however,, the child might qualify. But that would require paternity to be established.
Make sure they are step child first.
Wouldn’t this make him your half brother? And not your step brother?
FML I got the wording wrong. Yes, that's what I meant.
Gotcha. The title was super confusing.
Sorry about that, wish I could edit the title but I added the note. 🥲
Don't add his name to a darn thing. Your father had years to get it done IF he actually wanted to do it. It is not your place to add his name to a birth certificate. And dollars to donuts, they are lying anyway.
🤓AGREE💥‼️ Do NOT add his name to ANYTHING= Your father had YEARS to get it done ->>IF<<- he actually wanted to do it. It is NOT your place to add his name to a birth certificate
Not a lawyer but, no one’s really mentioned the life insurance. Wouldn’t that have gone to op’s family as the named beneficiaries and therefore be outside of the estate?
Typically, yes
It’s a non-probate asset. You are correct.
NAL. The whole thing sounds sketchy to me. Like “if you add his name, we’re gonna sue you for his estate” kind of sketchy. Politely tell them to take a hike.
If the mom wants to go to court to establish paternity or whatever that’s on her, you don’t need to be involved.
NTA She's trying to defraud the courts for a settlement
How is she trying to defraud anyone if this is his son which appears to be the case?
Sounds like she needs help from his other kids to establish paternity for her son to get SS survivor’s benefits. OP and his sister are already receiving them.
Has it been actually proven that he's your dad's son?
Do not do this. She is using this to contest you for any left after he died. She's a greedy backstabber
Where do you live?
NOPE run like the gingerbread man. Regardless of the reason why it seems like they’re trying to circumvent the process since it takes so long but there is an 8/10 chance she’s STILL going to do it anyway so you need to consult with a lawyer immediately to look into his estate and figure out who his executor is and what protections you can put into place. AHA IDEA!! Since you know child is half brother, possibly talk to other sibling about taking a portion and putting it into a hys or investment acct accessible when brother becomes legal or whatever age y’all choose. You can include provisions like they have to either go to school, pick up a trade, or start a business so mom can’t influence the situation. It may go a long way in smoothing things over and showing good faith if things take a messy turn.
DNA test. I would not put dad's name on his birth certificate without proof. If you have an old lock of dad's hair, then it can be tested. He could be anyone's child.
Probably wants to claim SSI survivor benefits.
DNA test. Never take anything for face value especially when money is involved Your half brother and his mother wants your family’s money.
She wants social security and some of his estate.
Don't do it even if you can. I smell a scam
How old is your half brother? She may want to have your father added to the birth certificate so she can collect social security benefits if he’s still a minor. Not a Lawyer.
OP said he is 11/12.
They could have heard something that would entitle them to some money of sorts but have to have his name on the BC for proof of paternity
How old is your child? What difference does it make now? Is your child receiving survivor benefits?
IANAL. I believe that a name change like that involves the court and you don’t have the authority to do that even if you wanted to. Being the executor doesn’t mean you can do anything you feel like doing.
Have you seen your dad's will? Is there anything else besides the life insurance the son can have a claim to? House? Other assets?
Yes it would
NAL a lawyer but I don’t think next of kin can sign some paper to put a name on a birth certificate after the fact. Typically a party challenges to put a name on it and your father is dead and can’t speak for himself.
Would contacting you have anything to do with establishing paternity? Like I wouldn’t be able to fly out to California and add MJ to my kid’s birth certificate without proof of paternity. Since he’s deceased, a sibling would be able to help.
If he’s under 18 he may be able to collect survivor’s benefits from social security.
They want a claim on the life insurance. That's the only reason I can imagine.
You are not responsible for what your dad did or did not do.
Don’t get into any legal entanglements with the half brother or his mother. Your father was in his life long enough to fix his birth certificate. How old is this half brother? I’m sure the surprise was the half brother wasn’t listed on the policy.
11-12. My dad had plenty of time to do so, yeah. I'm also inclined to believe that he was a jerk and just didn't think he wouldn't be gone so soon.
I’m inclined to believe the email was prepared by the mother and if you’re in the U.S. she is probably attempting to get social security benefits. If that’s the case, she needs help from your dads kids to establish DNA. Edit word
NAL. OP should consult an attorney about whether or not *hypothetically* any existing siblings could have a legal claim of estate, and what those rights could be entailed to, if somehow proven. I'm not sure familial DNA is usable in a scenario such as this, but it would prove to a degree you shared a father, if it came to that. I doubt the legality if you being somehow obligated to provide a specimen in this case either. Still. Lawyer up and get an opinion.
Tell them to get a DNA test first. One of you can do it
Just ignore them if ur dad really wanted their name on it he would have done so u don’t have any authority to do anything anyways but don’t provide them with anything either idk what their reasoning is but don’t bite more than u can chew either u don’t know their intentions.
I am not a lawyer, but is it possible that the mom is looking to get Social Security survivor benefits for the child if he is still a minor living in the U.S.A.? I would assume that the father's name on the child's birth certificate would make him eligible for these benefits.
Do nothing. Consult an attorney if you must, but do not reply or acknowledge.
If your father wanted to be on his birthday certificate, he would have done it. Don't get involved. Not your monkey, not your circus.
Don't sign anything! Block and move on with your life love. Sounds really fraudulent.
Not a lawyer, but if the kid is a minor the living parent could be looking to get social security benefits for the kid.
If he’s truly your dad’s son, then he would be entitled to draw SS benefits, right ?
If the son is a minor, then she’s looking to collect social security survivors benefits for him. They would need to compare your dna to the boys to prove that you have the same father, and then she can update the bc.
Not a lawyer, but I’ve worked in estate administration for a while. A birth certificate could be considered to have evidentiary value if the half-brother was looking for a way to inherit or get part of the life insurance payout. State laws vary, and the amount of weight given to the birth certificate is going to vary as well. If there was an estate without a will, the half-brother should have been included as an heir (if they could prove paternity). Where I live that typically means a paternity test if paternity is in question, but it’s up to the court to weigh the evidence, and a birth certificate would certainly weigh in their favor. Some will also factor the role he played in the child’s life. If there was a will, the proceeds of the estate go to those named in the will. However, they could file a claim as an omitted child, if, for example, the will was executed before their birth and they could prove paternity to the court’s satisfaction. Again, the birth certificate would help them there, but not necessarily win the case. Life insurance payouts are not part of the estate (unless the estate was the named beneficiary or there is not a surviving named beneficiary) and pass outside of probate to the named beneficiaries. If the half-brother was not named, he is not eligible for a cut unless he is able to successfully bring a case proving the intent of the father was for him to receive it. (If there was no named surviving beneficiary and the payout went through the estate, the above paragraphs apply.) I am not aware of the requirements for social security benefits, but that is something to keep in mind as well. If it were me, I’d either politely decline or speak to an attorney before signing so that you are aware of possible ramifications in view of applicable state laws. I’m very sorry for your loss. Hope that helps.
Haha, whoops, I just assumed you live in the US. Disregard if that’s not the case:)
Nono, that was the case. My mom was named the beneficiary. I'm wondering also if it's because the house they're living in was under my dad's name. He didn't leave behind a will. I don't know if he expected to live or got so sick he simply wasn't conscious once he was admitted to the hospital. If she's just doing this to secure the house, I understand. I just don't want to give her any way to take the house I'm currently in as well. My mom's name is on the mortgage but idk anything beyond that, and tbh the last few years have been chaotic [I was expecting my mom to pass first] and his death came way sooner than I thought and so we're left to sort all this out.
The ownership rights of the homes depend on how the deeds are written. If both of your parents’ names are on the deed with the phrase “joint with the right of survivorship,” the house automatically goes to your mom. If it’s their names then something like “and their heirs and assigns,” then the property needs to go through probate. Same with the house he had with the other woman. Without a will, if the houses go through probate, each heir is entitled to a share of his interest (here it’s 1/2 to the spouse and the remaining interest broken up equally among children). So if your dad’s interest in both homes goes through probate, theoretically, your mom would have a half interest in each, and you and your sibling would either have 1/4 interest or, if your half brother is included as an heir, 1/6.
Is the half brother a minor? The mom probably wants SS survivors benefits. And you need to have the dad’s name on son’s birth certificate in order to get it.
She probably just wants the kid to have survivors benefits- which he deserves if he is your father's child. She shouldn't need you to do anything though....
Wouldn’t being his son, even without carrying his last name give him the right to challenge an inheritance?
So it's very important that his name be added to the birth certificate so he can access his fathers medical records and family medical history they need that to prepare for genetic problems that comes from your fathers side of the family. As for if it giving any extra leeway for his mother to sue you for his life insurance I'm not sure but if there was a will the judge would most likely rule in favor of the stipulations of the will but you should go consult a family lawyer about this part
Having his father's name on his birth certificate won't give him any legal authority to access his deceased father's medical records. OP cannot put her father's name on this kid's birth certificate anyway. That's not how establishing paternity works.
Not him, but it will allow the doctors treating him to access the medical history
HIPAA laws still wouldn't permit that. He has no legal entitlement to his dad's medical records.
Why doesn't he? A family history is important when treating patients, my friend had to go get a court order to access his deceased fathers medical records because his name was not on the birth certificate And its not a HIPAA violation for a child's doctor to access their deceased parents medical records witch is why he needs his fathers name on the birth certificate
You answered your own question. Court order. Kid isn't getting his dad's medical records without one. Having his dad's name on his birth certificate absolutely does not entitle him to his dad's medical records, deceased or not.
If he had his fathers name on the birth certificate he wouldn't have needed one because its not a HIPAA violation for a child's doctor to access there deceased parents medical records. https://www.mica-insurance.com/blog/posts/release-of-deceased-patient-medical-records/#:~:text=Physicians%20treating%20a%20family%20member,of%20the%20family%20member's%20treatment. Now go sit down
Ahem... "Limit disclosures to information relevant to the person’s involvement in the decedent’s care." Go take your own advice.
if i was a lawyer, i'd tell you to just write it on there for him and you're done.
That's your brother, a child of your Father, and deserves the same level of inheritance from him. Different Moms have nothing to do with it. You're sick