How can I claim an inheritance for my son?

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How can I claim an inheritance for my son?

About 13 years ago, I had a son as a result of rape. Though the biological paternal family did not choose to be a physical presence in his life, the paternal grandmother has sent money and gifts a couple times a year for about 2-3 years. When this support stopped I suspected that she had died because in one of her letters she told me she had cancer and she doesn’t expect to live much longer. At that time she requested my son’s SS# and stated that she plans to “leave him some money”. I never inquired about it. My mother, who lives where the biological father lives, informed me that he approached her on the street one day and informed her that his mother had died and had left my son some money. How can I claim this inheritance for my son?

Asked on December 26, 2012 under Estate Planning, New Jersey

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain yourself probate litigation counsel to assist you in the investigation of your son's claim and commence petition in the probate court to recover his share of the estate if he was specifically left a sum of money. Don't delay, as the statute of limitations may have run within which to file a claim against the estate of the grandmother; if your son is a minor, than that legal capacity may toll the statute from running as to time within which to file a claim. However, there may not be any money left in the estate. Good luck.


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