Question: My wife and I have been married for 35 years, the second marriage for each of us. I have two children by my previous marriage. My wife helped raise them, and she and I raised her only son since he was two years old. His natural father didn’t see or call him after the child turned three, and stopped paying child support after the boy was about five. My wife and I often talked about having me formally adopt him, but we never got around to it. I fully supported my wife’s son, and he always told everyone that one day he would repay me. My wife never made a claim for the past due court-ordered child support which, for the 15 years until the boy turned 18, was more than $60,000, not including interest.

Last year, a drunk truck driver killed this young man. He had just turned 37, was engaged to be married, and had a responsible job. My wife and I were the beneficiaries of his life insurance and IRA, etc., but he left no will. My wife was named personal representative of his estate, and the probate court required that she send information about his death and estate assets to the deadbeat natural father. Since my wife did not know where to find him, his notice was published. Well, a friend of his notified him, and he now has a lawyer and is claiming his share of the estate that will include a $1 million liability settlement.

My wife’s lawyers tell us that the father, in name only, is entitled to one-half. The lawyers don’t see any way around giving it to him. Is there anything we can do to prevent this injustice?

Answer: Your situation of “unintended inheritance” is a classic example of why everyone needs a will; however, all may not be lost, depending on the law of your state.

While some state laws allow courts the discretion to refuse to allow an “absent” parent to inherit from a child, others do not. Therefore, the first order of business is to find out the law in your state. If your state has adopted the Uniform Probate Code, this law, unless modified by your legislature, won’t allow a non-supporting and absent parent to inherit from a child. If, on the other hand, the absent parent is an intestate heir (he could have been excluded by a will), then the second order of business is to see how his share can be reduced.

Again depending on the law of your state, your wife may be able to bring an action against him now not only for the child support, but also for interest. Although she will probably hear the defenses of statute of limitations and “laches” (undue delay in asserting a claim that causes prejudice), we don’t believe these will hold water under the circumstances. With interest compounded over the past 34 years, this claim will be substantial.

Because you are unrelated by law to the deceased, you had no legal obligation to provide for him or take care of him. Therefore, you may have a claim for services and/or constructive trust to prevent unjust enrichment against the estate, half of which would probably belong to the long-lost father.

In order for your wife to bring this claim against her ex, she may well have to resign as personal representative of the estate because of potential conflicts of interest.