Can I receive child support from a father's estate in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Julie F. in West Milwaukee, WI

Question Details:

I just recently had a child with a man, but he passed away. However, he admitted that the child would be his. Is it possible to collect child support from his estate?

Family Law Attorney Response:

Thank you for your question.

As discussed in 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), there are currently no statutes for maintenance against a dead putative father and if the legislature intended to have one, it would have been listed in statute section 767. There is a specific statute governing procedure if the mother is dead, insane, cannot be found or fails to pursue a paternity action. There is no comparable statute for the father.

If you have any more questions, give me a call.

Trisha Festerling, J.D.

Family Law Attorney

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