Legal Question in Wills and Trusts in South Carolina
is a blood test conclusive in a probate matter
I've been married to this man for 32 years, he had an one night stand with a woman on the same street as my two daughters, myself, and my family. The woman had another man who, words in the street, folks said was owning the child. I believe once the woman figured she could blame my deceased husband as the dad she could get more money. She began pressing him for child support, a blood test was done, both the child and my husband type were ''B''. The report indicates, it is a high probability this could be my husband's child. My husband wanted a DNA testing done before dying however financially unable to do so. He left a will that does not include the child. The child is receiving a disability check and now my husband is deceased, folks are claiming that the child's mother is telling others she is going to contest his will to include her child. Therefore, my question is will the probate court consider a blood test, which is inconclusive or will the child's mother be required to file a claim in family court proving conclusively her child is my husband's child before contesting the will? Also, how could the child's mother handle such since my husband is now deceased?
Thank you for your response
1 Answer from Attorneys
Re: is a blood test conclusive in a probate matter
Blood tests can prove that a child is not yours. A blood test can not establish paternity in South Carolina.
A DNA test is another matter. The courts in South Carolina will use a DNA test to establish paternity. It does not sound like a DNA test is a possibility today.
You may be jumping the gun to conclude that the child's mother will contest the will.
When you submit a will for probate, the court requires you to select a formal or informal probate procedure. A contest will require a formal procedure. You probably requested an informal probate. You now must wait and see what decision the mother will make.
Since you are talking about probate, an attorney must be involved with the estate. Ask him about the possibilities. I am sure that he will be happy to answer your questions.
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