[WSBAPT] Motion for Instruction for DNA testing of possible estate beneficiary
Andrekita Silva
ak at seattle-silvalaw.com
Fri May 26 11:36:13 PDT 2023
Law Office of
F.ANDREKITA SILVA
_______________________________________________________
May 26, 2023
Dalynne,
Thanks for the follow up. With young children as in your case, it
makes sense that the court would want to grant relief to the other
beneficiaries in the form of disestablishing/ disinheriting those
children.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting Dalynne Singleton <dalynne at glgmail.com>:
> 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.
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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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> 1002 10th Street / PO Box 1091
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> Snohomish, WA 98291
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> 360.568.5065
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> 360.568.8092 fax
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> dalynne at glgmail.com
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> _Website: _www.glglawgroup.com[1]
>
>
>
> 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[2]_
> or selina at glgmail.com.
>
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> /LICENSED IN WASHINGTON/
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>
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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
>
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> 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.
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>
> 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[3]
>
> 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
>>
>>
>>
>>
>>
>>
>>
>> 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
>>
>>
>>
>>
>>
>>
>>
>> _Website: _ www.glglawgroup.com[1]
>>
>>
>>
>>
>>
>>
>>
>> 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[2]_ or 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
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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[4]
>> _www.jennylinglaw.com[5]_ | _facebook.com/jennylinglaw/[6]_
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>> This communication, including attachments, may contain information
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Links:
------
[1] http://www.glglawgroup.com/
[2] mailto:theresa at glgmail.com,%20angelina at glgmail.com
[3] http://www.seattle-silvalaw.com/
[4] mailto:msafren at jennylinglaw.com
[5] http://www.jennylinglaw.com/
[6] http://www.facebook.com/jennylinglaw/
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