In court documents filed Aug. 31, Kimberly Rallo states that her mother, Carol Ann Schaeffer, dated “The Life and Legend of Wyatt Earp” actor from January 1962 to February 1963 and gave birth to her that August. She is seeking half of what was O’Brian’s separate property before his death.
But Virginia O’Brian, who married the actor in June 2006 when he was 81 years old, maintains in her court papers filed Tuesday that Rallo’s own words undermine her claims. The widow states that the law is clear that O’Brian would have had to have mistakenly believed before he died that he did not have any children or that any sons or daughters he had were dead; otherwise he would have provided for any offspring had he been aware of their existence.
Rallo’s petition says that her mother found out she was pregnant in February or March 1963. Because O’Brian was out of the country filming a movie, Schaeffer contacted the actor’s agent at the time, according to Rallo’s petition.
“The agent gave Schaeffer money and the address of a doctor in Tijuana and told her to `take care of it,”‘ according to Rallo’s petition. “She did not do so.”
Rallo was born Aug, 31, 1963, and O’Brian paid the doctor who delivered her, Rallo’s petition states.
Although another man who was romantically involved with Schaeffer is listed as Rallo’s father on her birth certificate, that information is false, according to Rallo’s petition.
Virginia O’Brian argues in her court papers that all of Rallo’s assertions show that she believes O’Brian knew he had a child, and she therefore is precluded to any entitlement to his estate. Rallo’s “admissions are fatal to her petition,” the widow’s court papers say.
A hearing on the dismissal motion is scheduled for Dec. 7.
O’Brian died Sept. 5, 2016, at his Beverly Hills home at age 91. In his trust, O’Brian stated that he believed he never had any children.
Rallo’s lawyers say that their client should be permitted to present DNA “and similar paternity evidence at trial.”
After she filed her petition, three male adults also filed a petition claiming to be children of O’Brian and entitled to part of the actor’s estate.
–City News Service
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