Probate and the appearance of a baby?

Beanynut2

My son was recently killed in a work related accident, he did not leave a will. His on/off girlfriend has suddenly announced the baby she is due to have early next year is his, despite telling us in early summer the father was someone else.

As I will be dealing with probate for his estate, do I need to do anything about this baby or is it down to the mum to prove the baby is his? 

Thank you in advance?

Flugelhorn

I am sorry to hear about the loss of your son.  I suspect that the onus would be on the girlfriend to prove that the child is his - this could be done by DNA testing of near relatives of your son and the baby. If the baby is your grandchild I hope that you are able to see him / her and have a close relationship. 

Keep_pedalling

Really sorry you find yourself in this position. It would be extreamly unwise to distribute his estate until the paternity of the child if firmly established. A paternity test is not an expensive thing So in your shoes I would offer to have one carried out at the expense of the estate which will allow you to move forward and to establish if you have a grandchild or not. 

FlorayG

If she can prove by DNA testing that it's your son's baby then the baby will have part of the estate I think as a close blood relative
Sorry you are having to go through this at this time. Hope she is amenable to being sensible and having a test without being difficult

Keep_pedalling

FlorayG said:

If she can prove by DNA testing that it's your son's baby then the baby will have part of the estate I think as a close blood relative
Sorry you are having to go through this at this time. Hope she is amenable to being sensible and having a test without being difficult

Unless the OP’s son has other children then if it is his baby then he / she would inherit all of the estate which would need to be held in trust until their 18th birthday (16th if a Scottish estate). 

Beanynut2

I think the question for me is whether it’s my responsibility to prove the baby’s paternity or hers? As it is, there looks to be more debts than assets so it may be immaterial 

Savvy_Sue

Beanynut2 said:

I think the question for me is whether it’s my responsibility to prove the baby’s paternity or hers? As it is, there looks to be more debts than assets so it may be immaterial 

I'd say it was her responsibility, especially as she has said it's not his - in fact you CAN'T test without her cooperation, because you'll need a sample of baby's DNA, which she will have to provide. Obviously she'll need some from you / a close relative of your son, so you'd need to be working together. 

What a horrible situation for you. I think I'd send a friendly but firm note to her explaining that it appears the estate may be intestate, but that if she wishes to carry out paternity testing after baby is born you'll be happy to cooperate. If you never hear from her again I think you'll have your answer ... but if it is your grandchild I hope you're able to have some kind of relationship. 

Silvertabby

My sympathies on your loss.

As it would seem that your son died insolvent, then that's the end of that, money wise. 

But..... as he was employed, and died in a work related accident, could there be an insurance pay out?  Plus, if he was a member of a pension fund there could be survivor's benefits due.     

FlorayG

Beanynut2 said:

I think the question for me is whether it’s my responsibility to prove the baby’s paternity or hers? As it is, there looks to be more debts than assets so it may be immaterial 

I would say it's hers as they were not an established couple

Beanynut2

Silvertabby said:

My sympathies on your loss.

As it would seem that your son died insolvent, then that's the end of that, money wise. 

But..... was he employed?  If yes, was he a member of a pension fund that could pay death in service or survivor's benefits?  

Yes he was employed but only on minimum wage and although he had a pension, he’d only worked for the company a couple of years, so I doubt they’ll be much payout. I won’t know anything for certain until I get the Interim Death certificate and can provide proof of death; however, I think his debts my in the tens of thousands and his assets in the thousands. 

Silvertabby

Beanynut2 said:

Silvertabby said:

My sympathies on your loss.

As it would seem that your son died insolvent, then that's the end of that, money wise. 

But..... was he employed?  If yes, was he a member of a pension fund that could pay death in service or survivor's benefits?  

Yes he was employed but only on minimum wage and although he had a pension, he’d only worked for the company a couple of years, so I doubt they’ll be much payout. I won’t know anything for certain until I get the Interim Death certificate and can provide proof of death; however, I think his debts my in the tens of thousands and his assets in the thousands. 

Re-read your first post, and seems he died in a work related accident.  If so, could there be an insurance payout?