Expert Advice When You Need It Most

I just found out recently that my father died 4 years ago. Can I press charges/sue his family?

Asked over 2 years ago - Boston, MA

I am 21 years old and have not seen my father since I was 6 years old. About a month ago I paid ussearch.com to find out where my dad was because last I knew he was in jail. Turns out he was only in jail briefly. When I recieved the report it told me he died in 2005 when I was only 17. I want to press charges against his side of the family for never telling me he died. I have briefly spoken to his brother about it but was very uneasy and told him we would make plans to meet up face to face but have yet to do so. My father is not listed on my birth certificate and I have my mother's last name. This seems to cause me problems because I am unable to obtain his death record because of this. I am wondering how I should go about a lawsuit in this situation. Thank you for any help.

Additional information
I never recieved any of his social security when he died. I was his only child. He never paid child support or anything. I'm curious if I am entitled to anything. Also, is there any way I can find out how much money was distributed when he died and/or who the money went to?

Flag

Save

Share with:

Attorney answers (3)

Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

Flag

The death certificate is a public record, you should be able to obtain it but I don't see any cause for a lawsuit based on the facts you have described.

Mark as good answer

1 person marked this answer as good

Add comment

William T Harrington

Reputation Level 13

Answered over 2 years ago. Employment / Labor Attorney in Boston, MA.

Flag

You have no lawsuit based on the family's failure to tell you. You may be entitled to receive something from his estate. He may not have had any assets. If he did, and did not have a will, you would be entitled to his estate if he was not married. However, I am unclear from you question whether he was ever deemed as your father legally. I would find out where he was living when he died and go to the probate court to look up his file.

Mark as good answer

1 person marked this answer as good

Add comment

Henry Lebensbaum

Reputation Level 16

Answered over 2 years ago. Family Law Attorney in Andover, MA.

Flag

Failure to be informed about a man who never made a connection sufficient to have him listed as your father is not a cause of action. Nor is the failure to inform. There is no duty on their part.

The only remedy, and a remote one, is whether when he died, you were entitled to any part of his estate.

I understand your frustration, but the blame lies with your father.

If you have any questions, contact me.

Mark as good answer

1 person marked this answer as good

Add comment