As more and more people start to live together outside of marriage, it has become increasingly crucial for unmarried parents to prove paternity. Luis E. Barreto & Associates, P.A., a family law firm in Miami, offers the latest news on family estate planning in Miami, insights into the importance of paternity, as well as steps that you can take to establish it legally.

Latest News

The latest news on the importance of paternity testing is the case of DMX, or Earl Simmons. The late rapper passed away earlier this year, in April 2021. Since then, 15 people have come forward claiming to be his biological children.

All fifteen people who claim to be DMX's children will be required to take paternity tests by estate attorney Herb Nass. This testing will reveal who DMX's heirs are and the percentage of the family estate they will receive. DMX's children are entitled to an equal share of the family estate, but the children will be assigned a family relationship once paternity is confirmed.

Why This Matters

This shows us how vital family estate planning is to the family. Without careful estate planning, family members will not know where they stand in receiving a family's or an individual's inheritance.

This means that proving paternity is crucial because if your father doesn't have a will and you have no other proof of biological relation, you could get nothing from the estate, even if that person raised you as their own.

What You Can Do

The first way to prove paternity is through a written acknowledgment. To get this, the father must sign a document legally stating that you are their child.

However, if your father dies without signing an acknowledgment of paternity, it is still possible to establish paternity via court order. This involves filing a paternity suit and a legal paternity test.

This is your final option to prove paternity and protect your rights to your father's estate. Having a legal test ensures that the child receives what they are entitled to under the law.

This process is as follows:

1. File a petition with the Clerk of Court to establish paternity.

2. The Clerk will then assign your case to an assistant public defender to represent you.

3. The Assistant Public Defender will file an Order to Show Cause. This document explains why you think there should be a court order and states that an order should be issued declaring you are the father's child.

4. The court will then schedule a hearing, during which you must prove to the court that the person you are trying to establish paternity for is the person who you believe to be your father.

a) Evidence must be found through a third-party collector of DNA who sends the sample directly to lab testing.

5. If the evidence shows that it is more likely than not that the man is the child's father, the court will establish paternity.

The family law team at Luis E. Barreto & Associates, P.A. has more than 20 years of legal experience and focuses on family law issues, helping clients resolve their family matters quickly and cost-effectively, and family estate planning in Miami. For further information, please visit https://miamiprobate.com/.