Full question:
My daughter died unexpectedly without a will. A man is claiming to be her father and is trying to get me to settle quickly by giving him one-half of her estate. He has no proof that he is my daughter's father. Do I have to settle in this manner with him?
- Category: Paternity
- Subcategory: Parental Rights
- Date:
- State: Arizona
Answer:
According to Arizona law, since your daughter was not married nor have children, her parents would each receive one-half of her estate. However, if paternity has not been established, a; child does not have a legal father. In other words, if the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.
In Arizona, paternity can be legally established by a court after an interested party files a legal action. Paternity can be established voluntarily through an Arizona court if both parents agree to establish paternity by filing one of the following documents with the Clerk of the Superior Court in any Arizona county.
a. An affidavit in which both parents agree that the named father (also known as the alleged father) is the biological father of the child, or
b. An agreement that the mother, the alleged father and the child will take a genetic test (usually a blood test) and have legal paternity decided by the test results. If both parents are willing, they may file an agreement with the Clerk of Superior Court to take a genetic test (usually a blood test) to determine if the man is the biological father.
Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the father to a high degree of certainty. To establish paternity through the court, one of the parents must file documents necessary before the child reaches the age of eighteen.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
