[WSBAPT] Motion for Instruction for DNA testing of possible estate beneficiary

Thu May 25 17:27:10 PDT 2023

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  

May  25, 2023

I don’t have experience with a similar issue in the probate context.   
However, I have had many, many cases involving paternity testing.  I  
see that Dalynne DID have a probate case with this issue.  If your  
facts are similar to hers, her brief may answer your questions.

Unless there is independent legal authority to seek genetic testing  
outside of a parentage action, the UPA authorizes genetic testing in  
the context of a parentage action.  So, if you want to disprove  
parentage, you would probably have to bring an action. 

I don’t know what you mean when you say that “evidence has come to  
light” causing the administrator to question parentage.  I don’t know  
how old this potential beneficiary is but, parentage actions must be  
brought before age 18.

Also, the court has the discretion to deny genetic testing pursuant to  
RCW 26.26.A.460. It considers a lot of different factors including how  
long the presumed, acknowledge (whatever parent) held themselves out  
as a parent, performed the parenting role, etc.

So, if a relative got genetic testing through 23&Me or Ancestry.com,  
etc. and there were indicators that this (adult?) child may not be a  
bio child of the deceased, and that is the only reason paternity is  
called into question, I can envision the judge denying testing (IN THE  
CONTEXT OF THE PARENTAGE ACT.)  In parentage cases, the court can deny  
a Petition to Disestablish Parentage based on the factors in the  
statute.

If you are talking about a young minor (not sure how old the minors  
were in Dalynne’s case), presumably you would get relief.  

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com[1]

Quoting Dalynne Singleton <dalynne at glgmail.com>:

> I went through this recently and filed a motion and had a court  
> hearing on the DNA testing and it was ordered for two minor  
> children.  If you email me directly, I will provide my motion and  
> order to you as they are filed in the probate cause.  I will give  
> you my cell phone so you can give me a call next week if you want to  
> discuss this in person.
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>     /DALYNNE SINGLETON/
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>     GOURLEY LAW GROUP
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>     SNOHOMISH ESCROW
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>     THE EXCHANGE CONNECTION
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>     dalynne at glgmail.com
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>      FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF  
> msafren at jennylinglaw.com
> SENT: Thursday, May 25, 2023 3:45 PM
> TO: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Motion for Instruction for DNA testing of possible  
> estate beneficiary
>
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>    Hello Fellow Listservs,
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>    I have a case where I represent the administrator of an estate  
> and some evidence has come to light that causes the administrator to  
> question the parentage of a possible estate beneficiary.  If it was  
> determined that this person, whose parentage is in question was not  
> the child of the decedent, then that person would not longer be an  
> heir or beneficiary of the estate under the rules of intestacy.
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>    As such, I think it I appropriate to motion the Court for  
> instruction and include in the Order that the person whose parentage  
> is questioned, participate in a DNA test to establish their  
> relationship to the decedent.
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>    Does anyone have any experience with something like this?  If so,  
> could I schedule a time to ask you a few questions about testing  
> and/or testing process, and supportive case law? RCW 26.26A.310  
> permits testing under the Uniform Parentage Act.
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>    Thanks very much!
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>    Kind regards,
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>    MICHAEL S. SAFREN, ESQ.
> /Attorney at Law/
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> _www.jennylinglaw.com[4]_ | _facebook.com/jennylinglaw/[5]_
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Links:
------
[1] http://www.seattle-silvalaw.com/
[2] http://www.glglawgroup.com/
[3] mailto:theresa at glgmail.com,%20angelina at glgmail.com
[4] http://www.jennylinglaw.com/
[5] http://www.facebook.com/jennylinglaw/

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