Is DNA test a must?

[Anonymous]

A friend’s husband died suddenly last week.

The husband’s nephews are now demanding the children to take DNA tests to prove paternity. The husband’s name has always been on the birth certificate of the children.
Supposedly the nephews took bone DNA from their deceased brother.
I find all of this strange.
Is this common practice?

[Anonymous]

OP here. I meant DNA from their deceased uncle.

[Anonymous]

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

[Anonymous]

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

[Anonymous]

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.

[Anonymous]

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.

[Anonymous]

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?

[Anonymous]

This is insane. Why do they care? Are they trying to ruin the lives of their cousins just after their father died?

[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?

Doubtful

[Anonymous]

How is it the nephew's business?

[Anonymous]

Anonymous wrote:How is it the nephew's business?

Probably going after estate as there’s no will or trust.

[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?

Probably not. As a general matter, courts are very reluctant to disturb presumptions of paternity. In this case, where the deceased never took steps to confirm paternity while he was alive, a court is likely to presume that was because he ultimately did not wish to challenge paternity and won’t take the self-interested word of his nephews that he would have wanted it.

I admit I’m a bit skeptical of this story, though, because if it were, your friend may have a cause of action against the funeral home (which is why the funeral home probably wouldn’t have allowed what supposedly happened).

[Anonymous]

pp, my friend is stunned at these allegations.
To make things worse she first heard it from her minor son who was told about the DNA testing from the older cousin.

[Anonymous]

Let me just add that the first child carries the mother’s last name (she did not change it after the marriage).
The father’s name was on the birth certificate from the day it was issued.

[Anonymous]

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.

Being named on the birth certificate and taking care of them as a father is all that's required legally, even if the DNA says they're not his biological children.