Do I have standing for a suit against my biological father’s Trust, if I’m his illegitimate daughter but there is proof of paternity in my mother’s sealed divorce decree?

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Do I have standing for a suit against my biological father’s Trust, if I’m his illegitimate daughter but there is proof of paternity in my mother’s sealed divorce decree?

I was told to contact his attorney upon his passing and did so 20 years ago. I was told by his attorney to “consider that done, thank you, goodbye”. I believe there to be millions of dollars in his estate and that I wronged by the attorney because he did not like my mother and the rumors of the attorney having affairs with my father’s wife.

Asked on July 23, 2014 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is my concern: the fact that 20 years has passed here. There are time limitations in order to contest probate of an estate or even going after the attorney for a breach of duty or malpractice.  Please go and speak with a very good estate litigator and discuss with him or her the facts surrounding this as soon as possible. Good luck.


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