Who has burden of proof and what level proof is required to determine praternity in the case of a will, probate is in Texas?

Asked over 1 year ago - El Paso, TX

Person&sibling are recipients in aunt's will as "children of _"(I omitted name of father)to gain an inheritance.Person&sibling planned to split the money.Just after the death of aunt(the last family member of her generation), a woman came forward to claim to be a half sister to person&sibling.Person & sibling have no knowledge of this woman or their father having another child.Person's father died 25 years ago.They all submitted to DNA tests last year and result is "inconclusive."Woman has provided only evidence of 5 letters spanning a 15 year period, from aunt that addresses her as "niece". Aunt was elderly&drinker when the letters were written.Aunt shared information about this woman with 2 other relatives but did not specifically name her in will.Are letters&hearsay testimony enough?

Attorney answers (2)

  1. Orsen E. Paxton III


    Contributor Level 17


    Lawyers agree

    Answered . You do not state who has been appointed independent executor. Whomever that is would be represented by an attorney. That is who needs to address this question.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  2. James P. Frederick

    Contributor Level 20

    Answered . You need to be VERY careful, here. I had a case where someone tried to perpetrate a hoax based on very similar facts to yours. The person turned out to be a criminal and not have ANY relation to the deceased. She is now in jail, but the estate lost a great deal of money due to her actions. I would have your attorney investigate this and seek direction from the court if it is not crystal clear what the situation is.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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