The prevalence of genetic and DNA testing has undoubtedly created just the tiniest bit of indigestion for some folks out there. And it has definitely been creating a bit of buzz in estate law. Have any of you discovered new relatives recently? We have! On both my husband’s side and mine. 

For anyone out there (especially men) who’ve had multiple sexual partners or donated sperm, it’s possible you’ve got some unknown offspring wandering around, and they might be casually sending in their DNA as we speak!

There are a number of legal cases nationwide that are dealing with the discovery of a surprise relative, with findings via 23andMe or another DNA testing service. These surprise relatives have then joined or even created the fray trying to inherit a portion of the estate.

If any of you are starting to squirm or sweat, rest assured, there is one EASY solution in these situations–just take the time to create estate planning documents. If you do, YOU can define exactly who your heirs are and by doing so, you define who you recognize as your children and who you do not.

The problem only arises when you haven’t left any planning, and the estate is left “intestate” i.e. no will. In those situations, the intestacy statute is going to dictate the who and the what, and they will be more inclusive than perhaps you would want.

Remember, not all wills are created equal, and if this is a concern for you, make sure that your will is drafted with this intent. The inclusion of just a few words can greatly impact the way in which your descendants are defined. 

So what is the takeaway? If you need additional planning…and you know who you are…get that taken care of!

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