DNA services such as 23andMe have made it far more common for biological children – sometimes entirely unknown to the family – to surface after a parent’s death and assert inheritance rights. While this remains an unlikely scenario, it is more plausible today than ever before.
Many state laws rely heavily on biological relationships, especially when someone dies without a will. Even with a will in place, broad terms such as “descendants” or “children” can create ambiguity and open the way for legal challenges. Relying solely on the legal system to resolve these disputes is risky. Although courts generally uphold properly executed documents and require clear and convincing evidence to overturn them, uncertainty arises when an estate plan leaves gray areas unaddressed.
A well-structured estate plan should remove ambiguity by defining exactly who qualifies as a beneficiary. This can include naming individuals specifically, stating whether unknown biological children should share in the estate, and outlining how genetic testing requests would be handled. It can also help to specify how long after death any claims will be considered.
Statutes of limitations for contesting a Will vary significantly from state to state. Some jurisdictions allow challenges only within a few months after probate, while others permit several years, depending on the nature of the dispute. A few states, such as Idaho, do not provide a clear deadline, which means a will could theoretically be contested many years later. Reviewing documents periodically helps ensure that personal definitions override default state rules and reduce exposure to these uncertainties.
As DNA testing reshapes how families discover and verify biological relationships, estate plans must keep pace. Clear definitions, specific instructions, and regular updates provide the strongest protection and help ensure that wishes are carried out as intended. We recommend revisiting your estate documents every 2-3 years to ensure that your plan aligns with your intentions and your agents are still ready, willing, and able. Please reach out to your wealth manager with questions.
Weekly Commentary
Could an Unknown Relative Ruin Your Estate Plan?
Mallon FitzPatrick
DNA services such as 23andMe have made it far more common for biological children – sometimes entirely unknown to the family – to surface after a parent’s death and assert inheritance rights. While this remains an unlikely scenario, it is more plausible today than ever before.
Many state laws rely heavily on biological relationships, especially when someone dies without a will. Even with a will in place, broad terms such as “descendants” or “children” can create ambiguity and open the way for legal challenges. Relying solely on the legal system to resolve these disputes is risky. Although courts generally uphold properly executed documents and require clear and convincing evidence to overturn them, uncertainty arises when an estate plan leaves gray areas unaddressed.
A well-structured estate plan should remove ambiguity by defining exactly who qualifies as a beneficiary. This can include naming individuals specifically, stating whether unknown biological children should share in the estate, and outlining how genetic testing requests would be handled. It can also help to specify how long after death any claims will be considered.
Statutes of limitations for contesting a Will vary significantly from state to state. Some jurisdictions allow challenges only within a few months after probate, while others permit several years, depending on the nature of the dispute. A few states, such as Idaho, do not provide a clear deadline, which means a will could theoretically be contested many years later. Reviewing documents periodically helps ensure that personal definitions override default state rules and reduce exposure to these uncertainties.
As DNA testing reshapes how families discover and verify biological relationships, estate plans must keep pace. Clear definitions, specific instructions, and regular updates provide the strongest protection and help ensure that wishes are carried out as intended. We recommend revisiting your estate documents every 2-3 years to ensure that your plan aligns with your intentions and your agents are still ready, willing, and able. Please reach out to your wealth manager with questions.
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