Impact of DNA Tests on Estate Planning

By Eric Wert

DNA home test kits and online ancestry services are more affordable and accessible than ever. For many people, this technology is both entertaining and informative. It can provide insights into potential genetic health risks, uncover distant relatives, and reveal stories of long-forgotten ancestors. You may even learn whether you carry more Neanderthal DNA than your friends and neighbors.

However, alongside these fascinating discoveries, DNA testing can also lead to unexpected— and sometimes unsettling—results. It has become increasingly common to hear stories of individuals who, after taking a DNA test, discover that the people who raised them are not their biological parents, or that they are not biologically related to someone they have always known as a sibling. Even more unsettling is receiving a call from a stranger who explains that her DNA results reveal an unexpected family connection—one close enough to suggest you share a parent or another immediate relative.

While these tests may create upheaval in families and uncover long-buried or unknown family secrets, they can have significant impacts on Estate Planning and Administration as well. If someone in Pennsylvania dies without a will, the Commonwealth’s intestacy laws describe how their property is to be distributed. Typically, the estate goes to the closest relatives, such as a spouse or children or other relations.

However, if someone can prove through reliable DNA evidence that they belong to one of these classes, they can get a share of the assets in the estate…even if they had been completely unknown to the family or even to the decedent prior to that point. Similarly, if gifts given to family members as part of an individual’s will are given as class gifts, (for example, “to my children”, “to my nieces and nephews”, etc.), a surprise or unknown relative can be entitled to a portion of the estate. An unknown niece or nephew could take the same share of the estate as the known family, even if the decedent didn’t intend that result when he signed his will. Fortunately, many of these issues can be avoided with a carefully drafted will.

An estate planning attorney who is up to date in Pennsylvania law can to avoid unintended gifts or issues by asking the right questions and properly defining terms in your will. For example, does “my children” include non-marital children, stepchildren, or children legally adopted after the signing of the will? What happens in case of a divorce? Is there anyone who you want to specifically disinherit in your will? These issues can be emotionally complex. However, if you want to make sure that your estate is passed along to the next generation while avoiding surprises, please be sure to speak with an attorney to discuss your estate plan in an open manner.

If you have questions about the most efficient way to set up your estate, Dischell Bartle Dooley can help. You can contact us online or call 215.362.2474.