DNA kits, which unlock family secrets and reveal unknown relatives, are rattling families and their estate plans. A recent article from The Wall Street Journal, “They Found Relatives on 23andMe—and Asked for a Cut of the Inheritance,” says families who may have welcomed long lost relatives are stunned when their reunions turn into estate litigation.
When there is no will, asset distribution is based on kinship, which is why estate planning attorneys advise people to have wills. Otherwise, a lifetime of wealth may end up with a distant cousin or an estranged child. If genetics governs asset distribution, results from a DNA kit could undo an entire estate plan.
Even if the person has created a will or a trust, the use of generic phrases like “to my descendants” or “to my children” could make it easy for a surprise relative to make a claim and win their case.
Before these kits became more affordable and available, it took more effort to track down people thought to be parents or relatives. Now, it’s a simple process, and family secrets aren’t secrets anymore.
Surprise heirs may have stronger claims if they can prove their parents supported them or openly acknowledged the relationship. In one case in Utah, a brother and sister were fighting over their deceased father’s estate, and the brother reached out to a man he believed might be a half-brother. DNA kit results showed a match, and the family learned their mother had an affair with the father. The half-brother said his father had sent him birthday cards with $100 for many years. A DNA kit confirmed the match. The Utah Supreme Court ruled the half-brother was entitled to a third of the estate.
To avoid these types of surprises, estate planning attorneys advise people to have a will or a will and a revocable trust with certain guardrails, especially if they know there may be an unacknowledged child. Estate planning documents can be specific about giving assets only to children known to the family and can override state definitions of descendants.
If a surprise heir appears and the family doesn’t wish to share the inheritance, uniting will serve their purpose better than squabbling. One New York businessman died in 2020, with an estate plan and a multi-million-dollar estate. He had had four wives, and beneficiaries included seven children, many grandchildren and the Roman Catholic Diocese of Buffalo, which was left $2 million.
A woman showed up, claiming he was her father. She asserted a claim against the estate and demanded a formal DNA test. The seven children put up a united front and pushed back against her request. The case went to a New York Appellate court, which upheld a surrogate court’s decision to compel the DNA test, which is still pending.
In a perfect world, there would be no unacknowledged children or surprise heirs. However, for now, preparing estate planning documents to prevent claims may be the best way forward. If your family may have surprises, it is a kindness to speak with an experienced estate planning attorney in advance to ensure that the right documents are prepared and the people you want benefit from a lifetime of work.
Legacy One Law Firm, APLC is an estate planning and probate administration law firm in Los Angeles, California, serving families throughout the State. Schedule a quick and easy consultation with our estate planning attorney, Sedric E. Collins, Esq., or call 323-900-5450.
