How urgent is it to establish paternity once the child’s alleged father passes away?

Once a child’s alleged father passes away, paternity must be established not later than five months after his death, according to IC 31-14-5-5.

Establishing paternity through the court is important even if the father is no longer living. Without establishing paternity, the child will not be able to access inheritance, social security benefits, life insurance benefits, and any benefits from pension or retirement accounts they may be entitled to receive as a natural child of the deceased individual. In addition, the deceased individual’s parents are unable to seek grandparent visitation rights through the court without his paternity established.

Though the months after an individual passing away can be an overwhelming time, it is crucial to ensure paternity has been formally established within the five-month limit. If you have questions about establishing paternity after the death of the alleged father, contact our office and ask for a consultation with Attorney Abby Schneller.