Legal Question in Wills and Trusts in California

DNA proves son is related-left out of will

I am one of four beneficiery of my godfathers will who passed away in 2002. He on purpose left out his son. He also left a DNA blood test(1996) with the executor. The executor's daughter is the attorney for the probate.I have just received a letter(Feb 18th) from her that the son has taken a blood test and he is the son.I assume that the executor sent the results of the decendants blood test to the son's attorney.She has sent us no proof but suggests that we hire an attorney prior to march 1st to represent us. she feels that the sons attorney will soon bring proceeding to establish his right as the sole heir to law and to inherit the assests of the estate.What are our rights and why doesn't she represent us.Neither her father or her keep us up on what is going on.


Asked on 2/25/03, 6:33 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: DNA proves son is related-left out of will

if you have a copy of the will and can tell me a few more facts on your case, i can further assist you and help you receive what sounds to be rightfully your share of the decedent's estate by virtue of the will. you sound like you have a very strong case and the other attorney is grasping at proverbial "straws" to try to invalidate the will. email me more information and let me know if you have a copy of the will i can review to help protect your legal rights here. a decedent CAN intentionally leave his son or anyone out of a valid, legal will..its his decision short and simple.

Read more
Answered on 2/25/03, 6:56 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: DNA proves son is related-left out of will

Who is the executor? The attorney for the esecutor represents the estate, not the beneficiaries. Did the godfather totally leave the son out, or was he mentioned, and did not receive anything. In other words, a review of the will must take place.

The attorney is correct in that you need to hire someone to represent your rights.

Read more
Answered on 2/25/03, 6:58 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California