Is DNA test a must?

[Anonymous]

Obviously they have no legal basis for this. For all they know your friend and her husband used donated embryos to conceive.

[Anonymous]

Anonymous wrote:OP here. The father used to travel a lot and was not present in the hospital during the birth of the first two children. The paperwork was filled at the hospital.
It seems the nephews know the fact that their uncle was not present at the hospital during the birth and want to use that to establish biological paternity even though the certificates have both parents’ names.
Does anyone, preferably a lawyer or a person working in the office of Vital Records know what the law in DC is if the father has not signed the application for the birth certificate?

I would be sure the widow/mother has a very good and aggressive attorney, PP, but she also really needs to focus less on birth certificiates etc. and more on the fact that these nephews took hair or other physical material from a CORPSE IN A FUNERAL HOME without the permission of the next of kin -- the widow.

That simply has to be against the law somehow. I would be looking to file charges against the nephews, their attorney and the funeral home as well.

Attack them hard and immediately on that front. Yes, the widow should get the right advice re: birth documentation but she needs much more to focus up on the will (and I pray there is one -- if the man died intestate there could be a huge mess) and on threatening the nephews and funeral home over (as a PP put it) abuse of a corpse. That is an actual legal, criminal charge, PP -- abuse of a corpse.

The thread is getting bogged down in details of "was he the children's real father, what are fathers' rights" etc. but the much more immediate issues are: Is there a will, what does it say, and why the hell were the nephews able to go in and steal material from a dead body?

This story is appalling.

[Anonymous]

I just don't see what the nephews are getting at. Without a will your friend, the deceased's spouse and their children would inherit everything. Even if, big if here, some children were cut out of the will for whatever reason, the money would just go to the remaining children and the spouse. The nephews are way down the line to inherit anything.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It’s not commonplace and a court is unlikely to order a DNA test because DNA tests are not conclusive of legal paternity.

It’s also probably a moot point from the nephews’ standpoint unless your friend wasn’t legally married to her husband. As long as they were legally married, in the event it were determined that he had no children, his entire estate would likely default to her.

They were legally married but after the birth of the 1st child.
Will the court demand a DNA test?

God no. And unless they had a court order to take DNA from the deceased person that was likely a crime.

They are obviously after money. They should be told to pound sand.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How did the nephews get access to his DNA? And what brought this about? Why do the nephews need to know this information?

Supposedly their uncle has told them he doubted the children were biologically his. They told the uncle’s spouse that they brought a lawyer to the funeral home and took a DNA sample.

If true, I can’t imagine that this isn’t illegal.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How did the nephews get access to his DNA? And what brought this about? Why do the nephews need to know this information?

Supposedly their uncle has told them he doubted the children were biologically his. They told the uncle’s spouse that they brought a lawyer to the funeral home and took a DNA sample.

If true, I can’t imagine that this isn’t illegal.

Then the spouse inherits everything unless the nephews can prove the deceased is the biological father and not the uncle.

[Anonymous]

No need to do anything. Let the nephews try to find a lawyer who would touch that.

You may want to hire a security detail for your mother, though as they would need to off her to even attempt to get to any $$.

[Anonymous]

I am surprised this hasn’t been mentioned here: if the man died without a will and his wife is still alive then the estate goes to the wife. Why are the nephews concerned with whether the kids are biologically the children of the deceased doesn’t even matter if the wife is alive. She gets it all.

[Anonymous]

False. In DC, if a person dies intestate with a spouse and descendants, spouse gets the most and kids get smaller portion. However, if man had no children but is survived by spouse and parents, parents get a portion. It could be that the nephews are trying to game the system this way - and hope that their grandparents will pass along the money to them. If there is no will and there are descendants, though, the parents are cut out. The closest the nephews could get to the money is if the spouse dies and there are no descendants or parents - then it can go to the sibling (parent of the nephews). Of course, it’s all moot if there is a will.

[Anonymous]

“Bone DNA” stolen at the funeral home?? WTF? That’s probably a crime in itself.

[Anonymous]

This is a fascinating and bizarre story - OP, please keep us updated. Hopefully your friend will get a lawyer who can shut this down ASAP.

[Anonymous]

Anonymous wrote:“Bone DNA” stolen at the funeral home?? WTF? That’s probably a crime in itself.

OP here. Apparently the bone DNA was not stolen. It seems nephews came with a lawyer to take a sample from the morgue.
A pp suggested that the nephews might be the deceased person’s biological children. In the case there is any validity to this, I am wondering how much the widow will get and how much the children will get.

[Anonymous]

Anonymous wrote:

Anonymous wrote:“Bone DNA” stolen at the funeral home?? WTF? That’s probably a crime in itself.

OP here. Apparently the bone DNA was not stolen. It seems nephews came with a lawyer to take a sample from the morgue.
A pp suggested that the nephews might be the deceased person’s biological children. In the case there is any validity to this, I am wondering how much the widow will get and how much the children will get.

They have no right to his body. It was stolen.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:“Bone DNA” stolen at the funeral home?? WTF? That’s probably a crime in itself.

OP here. Apparently the bone DNA was not stolen. It seems nephews came with a lawyer to take a sample from the morgue.
A pp suggested that the nephews might be the deceased person’s biological children. In the case there is any validity to this, I am wondering how much the widow will get and how much the children will get.

They have no right to his body. It was stolen.

This makes no sense. They are not an immediate family member and this should only be allowed if there was a court order. It goes by the will or spouse should get everything.

[Anonymous]

Just because a lawyer was with the nephews, they still had no right to any part of their uncle's body. There is no court order that would allow this. Op, you have no clue what you are talking about.