Legal Question in Wills and Trusts in Texas

''undetermined heir

My father died 2 years ago. A lady is now claiming my father to be hers. She wants a piece of his estate. She isnt even mentioned in his Will. My father has only been married once and never lived or supported this lady or her mother. My mother has been deceased for over 10 years. We requested a copy of this ladies birth certificate but her lawyer states there is no father listed. This lady has requested a DNA test from myself or from one of my siblings, we dont want to submit because we dont want to have to pay for the test. How accurate would this DNA test be since its not from the father and can it stand up in court?


Asked on 9/18/03, 10:48 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: ''undetermined heir

First of all, if your father had a valid will when he died, the will should determine the distribution of his estate. You should really contact an attorney to assist you in this matter.

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Answered on 9/19/03, 8:47 am
Peter Bradie Bradie, Bradie & Bradie

Re: ''undetermined heir

If the lady claims to be a sibling, she has the burden of proving the relationship. If there is to be a DNA test, she'll need a sample of your DNA and have it tested along with hers to see if there's kinship. She pays for the test.

If you and she have a common relative, a DNA test will show that. If there's no match, then no kinship.

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Answered on 9/19/03, 10:07 am


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