[WSBAPT] Unborn child, death of potential father

[Marcus Fry]

Daylnne:
I would think the burden of proof is on the mother, probably with an action in the probate case.  However, a possible way to dispense with the matter quickly is if both parents of the deceased son are alive, it is my understanding that testing their DNA is as good as if you had the son's DNA.  Check out dnacenter.com or other DNA companies to confirm.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, April 01, 2021 3:24 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Unborn child, death of potential father

I have a wrongful death case in which I appointed the mother of the deceased grown adult son as Administrator.  She is attempting settlement with the insurer on the wrongful death claims.
A baby was born after her son's death and she does not know if it is her son's baby.  The baby's mother is claiming it is the baby of the deceased son.

1.     How is paternity established for a newborn when the purported father is dead?
2.     Once the PR settles for what we surmise will be policy limits, is she obligated to find out if the baby is her son's or is that burden on the mother of the baby?
3.     He had no children upon his death so any WD will be to the parents at this time.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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