What Is Happening?
DNA Testing is intruding in the determination of inheritance rights, and it’s not just paternity testing. The new reality is that potential heirs are using DNA test kits to discover if they have any outstanding inheritance rights. Through DNA testing, some people find out they are related to a biological relative they never knew existed.
Legal Ramifications. Courts are now contending with kinship proceedings, a legal process in which someone claiming to be a relative of the decedent tries to prove their biological relationship in order to inherit from the estate.
Who Is Involved?
The Players: Estate beneficiaries, long-lost relatives, DNA testing companies (like 23andMe and AncestryDNA), estate attorneys, and courts are all involved in this unfolding drama.
The “DNA Relatives”: People are discovering that they are related to a theretofore unknown person who has died, and they may suddenly be eligible to inherit all or part of the estate. Another term for this is “genetic strangers.”
Where Is This Happening?
Nationally. While DNA testing is not overturning a significant amount of estate plans around the world, it is having an impact, particularly in estate planning circles. New Jersey and other states are wrestling with how to take these cases through probate and during resultant estate challenges.
When Did It Start?
Consumer DNA Testing: During the past decade, it’s become commonplace for consumers to test their DNA. The results—some quite surprising—have become a significant issue in estate planning, and the trend is accelerating as more people test their DNA.
How Does It Happen?
- DNA Discovery: A consumer tests their DNA and discovers a genetic connection to a deceased person.
- Legal Investigation: They research that connection and their potential inheritance claims.
- Court Filing: They file kinship proceedings to prove their relationship and claim their inheritance.
- DNA Evidence: Courts will use that genetic testing as evidence to establish family relationships.
- Estate Distribution: If proven, the new “DNA Relative” may receive a share of the estate.
Why Should Consumers Be Concerned?
Follow the Money: When someone dies without a clear will or with disputed heirs, DNA can now definitively prove who gets what. This matters because:
- Unknown children can claim inheritance rights.
- Distant relatives can emerge with legitimate claims.
- Family secrets may get exposed in very public, expensive ways.
- Estate plans that seemed airtight can suddenly have new claimants.
An Ounce of Prevention
Your estate planning attorney can help you avoid the issue of claims to inheritance by DNA relatives by writing wills and trusts that account for the possibility of unknown genetic relatives appearing.
The Takeaway
Your family tree just got a lot more complicated, and so did estate planning. The days of assuming you know all your relatives are over – and that’s reshaping how smart families plan their legacies.
Need Help with Developing Your Estate Plan?
Contact an experienced Sussan Greenwald & Wesler attorney for assistance.