[WSBAPT] DNA to prove paternity with deceased

[Eric Nelsen]

It's covered in Ch. 26.26A RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true>. See RCW 26.26A.345<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true#26.26A.345>. If father has been cremated, they can do comparative testing of a near relative in order to get some kind of evidence yea or nay. Re significance of birth certificate info, see RCW 26.26A.100<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true#26.26A.100> and RCW 26.26A.115<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true#26.26A.115> as the starting point-lots of references to other sections of the Act.

>From the Estate perspective, I think this is all a judgment call for the PR, because it's the PR's job to determine who is entitled to the benefits. The PR should review available evidence and circumstances and decide whether the PR will concede that a child is a child of the decedent. If the PR does not concede, then the PR needs to decide whether to (1) affirmatively assert that the child is not an heir/beneficiary, in which case the burden and expense of proving parentage falls on the child; or (2) take steps to resolve paternity, probably by asking the court for authorization to spend estate funds on genetic testing.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, July 12, 2021 2:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DNA to prove paternity with deceased

I have a probate with 7 potential children of decedent with 3 women.
Most of the birth certificates list No Name for Father and one lists another Man's name.  Decedent was not married at time of death.

Two of these potential children want to get a DNA test to prove their own proof of paternity.
Has anyone gone through this?  How does that work with a deceased father?
How is DNA from father established?  Sorry, I don't handle family law or paternity cases.

Also, what about the other 5 children, 3 of whom are minors?  If their birth certificates do not show the father's name (and even if it does, is that enough proof?), can the other children request the paternity.  This is a high value wrongful death case with these 7 potential beneficiaries.

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<http://www.glglawgroup.com/>
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