Legal Question in Wills and Trusts in Georgia

My son passed away and he had a son, however I am not sure the boy was actually his. Is it possible to get dna testing? I know thsy can check me and his mother, what if she isn't willing? Can I get a court order if she won't do it?


Asked on 2/02/12, 1:11 pm

1 Answer from Attorneys

First, is your son on the birth certificate or has he acknowledged paternity in some way? Georgia is very specific about this. Assuming your son was a resident of Georgia at the time of his death. Ordinarily, a child born out of wedlock cannot inherit from his father absent legitimation. Was the child legitimated here? If so, then a DNA test now will not be ordered as paternity has been established. If no, and the child wishes to file a claim against your son's estate, he will have to prove paternit and tests can be ordered by the court at that time. But I would not raise the issue.

However, I would get a probate lawyer in the county/state where your son resided at the time of his death as you are going to need assistance probating the estate. Note that probate only concerns probate assets and I don't know what is in the estate. If your son had a life insurance policy or some other non-probate asset and he made the child his beneficiary, then those assets will pass to the child or his guardian regardless of paternity.

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Answered on 2/02/12, 3:45 pm


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