Family members review genealogy documents and family tree chart on tablet at wooden table with legal papers

How DNA Tests Are Transforming Inheritance Laws in the US

SimplyTrustSimplyTrust Editorial··3 min read

Discover how DNA testing is reshaping inheritance laws and what it means for your estate planning.

The Surprising Impact of DNA Testing on Estates

Imagine receiving a DNA testing kit as a gift and discovering you’re entitled to a share of a multi-million dollar estate. This scenario is becoming increasingly common as consumer DNA tests like 23andMe and Ancestry reveal hidden family connections. In some cases, individuals are emerging as surprise heirs, challenging long-established estate plans and shaking up the legal landscape of inheritance.

Redefining Family Dynamics

The introduction of direct-to-consumer genetic testing is reshaping what it means to be part of a family. No longer limited to traditional family trees or holiday gatherings, the definition of family now includes biological relatives uncovered through DNA testing. As these newfound connections come to light, they often lead to legal disputes, particularly when the deceased did not have a solid estate plan in place.

Real-Life Court Cases Making Headlines

Several recent court cases highlight the ramifications of this trend. For instance, in Massachusetts, a woman named Carmen Thomas discovered two half-sisters through a DNA test and sought a portion of a $28 million estate linked to their late father’s medical malpractice award. Her case is pivotal in determining how courts will respond to late-discovered heirs in the context of existing estate structures.

In Colorado, a man excluded from his father’s estate used DNA evidence to prove paternity and claim his share of the estate, including a family cabin. These real-life examples showcase the growing need for estate planners to anticipate potential claims from unknown relatives and adjust their plans accordingly.

For estate planners, the implications are significant. The traditional methods of planning for inheritance may need a rethink. With the rise of DNA testing, it’s essential to consider how these tests can uncover relationships that were previously thought to be non-existent or intentionally hidden. Families must be proactive in crafting clear, comprehensive estate plans that address potential claims from newly discovered relatives.

Action Steps for Families

As DNA tests continue to gain popularity, families should take steps to protect their estates. Consider these actions:

  • Review your estate plan regularly to ensure it reflects current family dynamics.
  • Communicate openly with family members about your wishes and the importance of an up-to-date estate plan.
  • Consult with an attorney who specializes in estate planning to navigate the complexities introduced by genetic testing.

Taking proactive steps now can help mitigate conflicts later and ensure that your wishes are honored, regardless of any surprises that may come to light in the future.

Read the original article →

Massachusetts Estate Law GuideProbate costs, will requirements, trust rules, and intestate succession.

Forms for Planning Your Estate

Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

Get Started
Free

Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

Get Started
Free

Financial Power of Attorney

Name someone to manage your finances if you can't.

Get Started
Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

Get Started
Free

Living Will

State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.

Get Started

All forms

Tools for Planning Your Estate

Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

Compare costs across estate planning providers including online services and attorneys.

Compare Costs

How Much Life Insurance Do I Need?

Calculate your life insurance needs based on income, debts, and family situation.

Use Calculator

Are My Beneficiary Designations Protected?

Check how divorce, creditors, and state laws affect your beneficiary designations.

Check Now

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate.

Use Calculator

Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will.

Use Calculator

How Much Does a Revocable Living Trust Cost?

Compare revocable living trust costs across providers including online services and attorneys.

Compare Costs

How Much Does a Will Cost?

Compare will costs across providers plus probate costs your heirs will pay.

Compare Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Services

All tools