Vee0319 said:

Misslink88 said:

The judge still has to rule, but Bremer has made a good argument.

I am very suspicious that Brianna will not have the court ordered DNA test. She and her family probabably know who Duane's real daddy is. But maybe she isn't even Duane's biological daughter. They cannot really prove that though.

If I'm reading the filings correctly, they are now saying they won't undergo DNA testing because they pretty much know Duane is not John L.'s son but they want to be recognized as heirs because John L. behaved as though he were. Their argument is that JL and Duane had a "parent/child" relationship. Bremer is stating Duane was not adopted by JL, therefore it would be treated as a "foster" relationship, entitling them to nothing according to the most recent MN Law passed in 2010. That is why they are seeking the Court's direction in how to proceed with the 9 MONTH schedule of Discovery Brianna's counsel has proposed to prove that John L. treated him as a son and Prince treated his as a step-brother.

Vee0319 said:

Misslink88 said:

The judge still has to rule, but Bremer has made a good argument.

I am very suspicious that Brianna will not have the court ordered DNA test. She and her family probabably know who Duane's real daddy is. But maybe she isn't even Duane's biological daughter. They cannot really prove that though.

If I'm reading the filings correctly, they are now saying they won't undergo DNA testing because they pretty much know Duane is not John L.'s son but they want to be recognized as heirs because John L. behaved as though he were. Their argument is that JL and Duane had a "parent/child" relationship. Bremer is stating Duane was not adopted by JL, therefore it would be treated as a "foster" relationship, entitling them to nothing according to the most recent MN Law passed in 2010. That is why they are seeking the Court's direction in how to proceed with the 9 MONTH schedule of Discovery Brianna's counsel has proposed to prove that John L. treated him as a son and Prince treated his as a step-brother.

Vee0319 said:

Misslink88 said:

The judge still has to rule, but Bremer has made a good argument.

I am very suspicious that Brianna will not have the court ordered DNA test. She and her family probabably know who Duane's real daddy is. But maybe she isn't even Duane's biological daughter. They cannot really prove that though.

If I'm reading the filings correctly, they are now saying they won't undergo DNA testing because they pretty much know Duane is not John L.'s son but they want to be recognized as heirs because John L. behaved as though he were. Their argument is that JL and Duane had a "parent/child" relationship. Bremer is stating Duane was not adopted by JL, therefore it would be treated as a "foster" relationship, entitling them to nothing according to the most recent MN Law passed in 2010. That is why they are seeking the Court's direction in how to proceed with the 9 MONTH schedule of Discovery Brianna's counsel has proposed to prove that John L. treated him as a son and Prince treated his as a step-brother.

Misslink88 said:

Misslink88 said:

laurarichardson said:

morningsong said:

One minute they are next minute they're not. [Edited 9/1/16 0:24am]

--I thought they were ordered to do it if they wanted to be listed as heirs.

Looks like they're trying to go another route. I guess if they get tested and it's proves they are not related then it's done.

laurarichardson said:

Vee0319 said:

I guess I do not understand how John L, married to Mattie Shaw, could foster or adopt his ex wife's son. And why he even let her put his name on the birth certificate. Further if they are going off the relationship, the fact that John's other siblings did not include him as an heir when he died speaks volumes. Prince firing Duane and getting a restraining order was the end of their pretend half brother relationship. The real heirs attorneys will be fighting this one.

-- From the files it was stated that John divorced Mattie and went back to his ex-wife who had Duane by some other dude. Vivianne died and John unofficially adopted Duane who I am assume may have had to go into foster care.

What files are you referring to? I've never heard of this version of the story.

morningsong said:

laurarichardson said:

morningsong said: -- They are going to be ordered to take the test or to bounce. He his actual siblings had to test why would they not have to take one?

Good question.

If I'm reading this correctly. Since B. and VN aren't taking the test, the siblings don't have to either.

I guess it comes down to what side presents the better case.


Geesh, even 2 months is too long.

ISaidLifeIsJustAGame said:

ISaidLifeIsJustAGame said:

laurarichardson said:

leftcoast said:

I think Brianna & VN have a better shot than Carlin Q. John L's behavior towards Duane - looks like a textbook "putative father."

--- I do not think either have a shot and it is shameful they way they are dragging this out for no logical reason. These people are not related to Prince and they are being difficult and causing all the trouble. Reading their discovery plan how will interviewing people and showing pictures of Duane with Prince and Neksin family members change anything. What Nelson family members or employees are even going to cooperate. Nothing that a head shrinker has to say will change the fact that they are not heirs. Dragging this out to April of next year is shameful and sets a precedent that anyone that was friendly with a deceased person can inherit money. [Edited 9/2/16 5:25am] [Edited 9/2/16 8:27am]

There is more to the John L./Duane relationship than just being friendly. John L is named as Duane's father on his birth certificate. I read some place that Duane's mother died when he was young and John L cared for him after that. The "putative father" is a legal concept that deems a man someone's father if they hold themselves out to be the father, even if they are not genetically. Being named on

the birth certificate, publicly claiming to be the father, and caring for him - these are things that could be construed as being the putative father.

laurarichardson said:

leftcoast said:

I think Brianna & VN have a better shot than Carlin Q. John L's behavior towards Duane - looks like a textbook "putative father."

--- I do not think either have a shot and it is shameful they way they are dragging this out for no logical reason. These people are not related to Prince and they are being difficult and causing all the trouble. Reading their discovery plan how will interviewing people and showing pictures of Duane with Prince and Neksin family members change anything. What Nelson family members or employees are even going to cooperate. Nothing that a head shrinker has to say will change the fact that they are not heirs. Dragging this out to April of next year is shameful and sets a precedent that anyone that was friendly with a deceased person can inherit money. [Edited 9/2/16 5:25am] [Edited 9/2/16 8:27am]

There is more to the John L./Duane relationship than just being friendly. John L is named as Duane's father on his birth certificate. I read some place that Duane's mother died when he was young and John L cared for him after that. The "putative father" is a legal concept that deems a man someone's father if they hold themselves out to be the father, even if they are not genetically. Being named on

the birth certificate, publicly claiming to be the father, and caring for him - these are things that could be construed as being the putative father.