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

Fri May 26 06:46:33 PDT 2023

As follow up, the two minors in my case were both under 5 years old.  The DNA testing revealed neither one was the child of the decedent.

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/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or selina at glgmail.com<mailto:selina at glgmail.com>.

LICENSED IN WASHINGTON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrekita Silva
Sent: Thursday, May 25, 2023 5:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Motion for Instruction for DNA testing of possible estate beneficiary

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<http://www.seattle-silvalaw.com/>

Quoting Dalynne Singleton <dalynne at glgmail.com<mailto: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.

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/>

Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or selina at glgmail.com<mailto:selina at glgmail.com>.

LICENSED IN WASHINGTON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Thursday, May 25, 2023 3:45 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Motion for Instruction for DNA testing of possible estate beneficiary

Hello Fellow Listservs,

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.

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.

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.

Thanks very much!

Kind regards,

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<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.

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