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Do I have to settle my daughter's estate with an unproven father?

Do I have to settle my daughter's estate with an unproven father?

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: 04/07/2025
State: Arizona

Answer:

In Arizona, if a person dies without a will, their estate is distributed according to state law. Since your daughter was unmarried and had no children, her estate would typically be divided equally between her parents.

However, if the man claiming to be her father has not established paternity, he does not have legal rights to her estate. In Arizona, paternity can only be legally recognized through a court process. This can be done by filing a legal action to establish paternity or through mutual agreement to take a genetic test.

If both parents agree, they can file documents with the Clerk of the Superior Court in any Arizona county to establish paternity. This can be done via an affidavit or an agreement for a genetic test. The test results can confirm whether the man is the biological father.

Remember, paternity must be established legally before any claims to the estate can be made. If the man cannot prove he is her father, you are not obligated to settle with him.

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.

FAQs

How to get heir property in your name without a will?

To transfer heir property without a will, you may need to go through a probate process. In Arizona, if there is no will, the estate is distributed according to state intestacy laws. You can file a petition for probate to have the court appoint you as the personal representative. Once appointed, you can distribute the property according to the law, typically to the heirs. If the heirs agree, they can also execute a deed to transfer property directly to you. Consulting with a probate attorney can help ensure the process is handled correctly.

How long do you have to file probate after death without will?

In Arizona, you generally have up to two years from the date of death to file for probate if there is no will. However, it's advisable to file as soon as possible to avoid complications. If you wait too long, you may face challenges from potential heirs or other claimants. If you have questions about your specific situation, consulting a probate attorney can provide guidance tailored to your needs.

Who is first in line for inheritance?

In Arizona, if a person dies without a will, the first in line for inheritance are their children. If there are no children, the estate is divided equally between the surviving parents. If both parents are deceased, the estate may go to siblings or other relatives, depending on the family structure. It's important to understand the state's intestacy laws, as they dictate the distribution of the estate.

What is the order of death for inheritance?

In Arizona, the order of inheritance without a will follows intestacy laws. First, the estate goes to the deceased's children. If there are no children, it goes to the surviving spouse, then to the parents, and then to siblings. If no immediate family exists, it can extend to more distant relatives. Understanding this order is crucial for determining who inherits when there is no will.

Who is the next in line beneficiary?

In Arizona, if a person dies without a will, the next in line beneficiary typically follows the intestacy laws. After children, the next beneficiaries are the surviving parents. If both parents are deceased, siblings are next in line. If there are no close relatives, the estate may pass to more distant relatives. The exact order can vary based on the family structure, so it's essential to consult the state's intestacy laws.

Who comes first in inheritance?

In Arizona, the first in line for inheritance without a will are the deceased's children. If there are no children, the estate is divided equally between surviving parents. If both parents are deceased, the inheritance goes to siblings or other relatives. This order is established by state intestacy laws, which dictate how property is distributed when a person dies without a will.