DNA Testing Helps Son Win His Share of Father’s Estate

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective” where we take a closer look at successful outcomes achieved by our attorneys. 

In this episode, Probate Senior Associate Megan Jury discusses a complicated dispute between family members. The case involved our client who fought for his share of a family cabin, an inheritance he nearly missed out on after his stepmother’s death. 

The favorable results were achieved by proving paternity through DNA testing, collecting evidence, and piecing together decades-old family relationships. Learn how Megan and her team helped our client secure his inheritance in this captivating case.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry probate case. 

Discovering the Dispute

Our client’s journey began when he learned, much to his surprise, that his father’s estate had been transferred to his stepmother, who had recently passed away. 

Now, her estate planned to sell the family cabin. When our client reached out to Robinson & Henry, his goal was simple: he wanted to know if he had any right to inherit his father’s property.

Paternity Challenges and DNA Testing

This case quickly became complex, not just because of the family dynamics but because we needed to prove that the client was indeed the father’s biological son. Complicating matters was the fact that another man’s name appeared on our client’s birth certificate.

Our client’s mother, due to family pressures, had listed someone else as the father when he was born. This revelation required creative problem-solving. 

Since the client’s father passed away, direct DNA testing was not an option. Instead, Megan turned to extended relatives for DNA testing, though the results were only partially conclusive.

Reconstructing Family Bonds

In addition to genetic evidence, Megan emphasized how strong our client’s relationship with his father had become as their connection grew over four decades. 

At first, he had known his father as a family friend. But when our client turned 20, his mother revealed the truth. From that point, he and his biological father began to develop a close relationship.

They spent holidays, birthdays, and family vacations together. Our client became one of the primary visitors when his father needed assistance in a nursing facility.

To help demonstrate this connection, Megan’s team compiled an affidavit detailing their shared history. They asked the client if his mother, now in her 80s, would be willing to provide an affidavit describing her relationship with his father. 

The client also created an affidavit describing his 40-year bond with his father including family photos to show his involvement in their lives. Along with the photos, obituary listings, and other evidence showing that the client was not only biologically connected but also an integral part of his father and stepmother’s lives, Megan and her team painted a picture of a relationship built over decades.

Overcoming Resistance from Relatives

Our client wasn’t the only one interested in the inheritance. Extended relatives from the stepmother’s family expressed skepticism, questioning his biological connection and intent. 

Megan had to strike a delicate balance, helping our client navigate the emotional aspects of the case while addressing the relatives’ concerns.

A Hard-Earned Victory

Megan and her team secured a successful outcome for our client, reaching a settlement that awarded him his full statutory share of his father’s estate. Thanks to evidence of his relationship and Megan’s diligent legal strategy, our client received everything he was entitled to under the law. It was a satisfying outcome for our client who had fought so hard to honor his father’s legacy.

Read this video’s full transcript:

Question: Megan, thank you so much for joining me. Tell me more about our client and why he reached out.

Megan: He came to us after his stepmother had passed and was sort of surprised to find out that his father's estate had been opened and he had no notice of it. She had transferred this family property into her own name, and then she had passed, and it was now for sale, through her estate. He wanted to find out if he had any rights, if he was entitled to any share of the property from the father's estate, and what we could do in the stepmom's estate to help protect him.

Question: What were some of the challenges you faced because the father wasn't listed on the birth certificate? 

Megan: The information from the client was that this was his biological father. But when we got the birth certificate, someone else was listed, which certainly raised concerns with the estate of his stepmom. 

We dug into the family dynamics, and found out that his mom had been young, and she had been sort of pressured to date someone else and put someone else's name on the birth certificate.

But trying to come back 60 some years later, and prove who the biological father was difficult, especially since the father had passed. And we couldn't do a DNA test on him. We had to find an extended relative to do a DNA test on. 

Question: How would you describe our client's relationship with his father? And what role did that play in this case? 

Megan: That was a really interesting part of it. Because you might expect that they didn't really have a relationship. This wasn't his biological. I mean, it was his biological father, but he presumably didn't have much involvement early on in his life. But from what the client told me, he had always known him as a family friend.

He came around, he was introduced to his actual grandparents. He didn't know it at the time. Then when he turned 20, his mom told him the truth, told him who his father was, and they started developing a relationship. And over, I think, over a 40-year period, they became really close, did family vacations together, celebrated birthdays, holidays.

He was very involved in the lives of both his father and his stepmother. Then in the end, when they were in nursing facilities, he was one of the primary visitors who came in and took care of them. 

Question: How did you handle the resistance from the relatives to our client’s claim to the property?

Megan: It was difficult because our client took it, of course, very personally. He was very close to them, so he took it as a personal attack. But I had to step into their shoes. They are extended relatives. They didn't know them on a day-to-day basis. 

They were presumably, or correctly, skeptical of this person coming in and claiming to be a biological relative to take part of the estate. 

I had to look at it from their point of view and what would help, you know, satisfy me that this was a legitimate claim. 

Question: You mentioned this before with the DNA testing, but what steps did you take to prove the paternity? 

Megan: Right. So really, it was like piecing together a puzzle. We had a DNA test, but it was on the aunt, so it wasn't on the father. It was partial, but it wasn't 100% proof. The birth certificate was not helpful.

We asked our client if he thought his mom would be able to be a witness and put together an affidavit on the events and what had happened and who his father was. She's in her 80s, wasn't sure whether she'd be willing to go back and relive that.

She was fantastic. She's really happy to help and gave us some really good information. And then the client as well. As I said, they had developed an amazing relationship over 40 years. He put together an affidavit of their involvement in each other's lives with photos so that he could show the extended relatives. I've been involved, I’ve been here. 

Not only am I just a biological relative, but I was here for them, and I was a part of their family. As well as pulling their obituaries because he was listed as the son on the father's obituary, and he was a pallbearer on the stepmom’s. Just helping to piece together everything to paint the picture of the relationship.

Question: Ultimately, what was the outcome of this case? 

Megan: We were able to reach a settlement for our client to receive his full statutory share. He received the full share he was entitled to, under the law. 

Question: What advice would you have for someone who might be in a similar situation? 

Megan: I mean, I think the first step is just to reach out to a lawyer and do a consultation. There are many moving parts in these cases. To have someone who can look at it from different angles and see what rights you may have.