Is the estate of the deceased liable in a paternity suit in WI? | Sterling Law Offices, S.C. Is the estate of the deceased liable in a paternity suit in WI? | Sterling Law Offices, S.C. global $post;
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– from Ruth L. in Cudahy, WI

Question Details:

I have a child. The father has never been part of her life. In fact, I never even told him about our child. Recently, I decided that he needs to be responsible for her, so I tried to find him. I found out that he recently passed away. Can the representative of his estate still be held responsible for a paternity suit?

Family Law Attorney Response:

This may actually prove to be quite a complicated process. First off, my advice is to seek legal representation immediately before you proceed any further.

As for your question, it could play out any number of ways. To cite one example, the case of N.L.B. v. G.B. (In re Paternity of N.L.B.) 140 Wis. 2d 400, 411 N.W.2d 144 (Ct. App. 1987) saw a similar situation. The court dismissed the petition, and the court of appeals affirmed the decision. However, since this case, section 895.01(1) of the Wisconsin statutes was amended to include determination of paternity to survive a claimant's death.

This is one example, but your child support case will be decided based on the details of your specific circumstances.

Lawyer Jeff Hughes from Sterling Law Offices, S.C. Jeff Hughes, J.D.
Managing Partner
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