Your DNA Test Could Reveal a Family Member You Never Knew About. What Could That Mean for Your Estate Plan?

Consumer DNA testing has made it easier than ever to discover previously unknown biological relationships. For many people, taking a DNA test is simply a way to learn more about their ancestry or connect with distant relatives. But sometimes the results reveal something much more significant, such as a biological parent or child that was never part of the family story.

That discovery can raise an unexpected estate planning question: What happens if a previously unknown biological child comes forward after someone dies?

The answer depends on more than DNA.

A DNA Match Does Not Automatically Determine an Inheritance

A biological relationship does not necessarily mean someone automatically inherits from an estate. When a person has a properly prepared will or trust, the terms of those documents generally determine how their assets are distributed. This is one reason clear estate planning matters.

Without an estate plan, however, state intestacy laws determine who may inherit. Those laws generally establish which family members qualify as heirs, and biological relationships can become important in that analysis. This can create complications when someone discovers a biological relationship only after a family member has died.

What Does "My Children" Actually Mean?

Estate planning documents often use terms such as:

• "My children"

• "My descendants"

• "My heirs"

• "My issue"

These terms may seem straightforward, but their legal meaning can depend on the language of the document and applicable state law.

Consider a simple example.

Someone creates a will leaving their estate "to my children." At the time the will was signed, they believed they had two children. Years later, after their death, a DNA test reveals a biological child who was previously unknown to the family.

Does that person qualify as a "child" under the will?

There may not be an automatic answer.

The outcome can depend on the wording of the estate planning documents, applicable state law, whether the relationship was legally recognized, the circumstances surrounding the relationship, and any applicable deadlines for making a claim.

If the documents do not clearly address these issues, the question may ultimately have to be resolved through the legal process.

Your Will Is Not the Only Document That Matters

Estate planning also involves assets that may pass outside of your will or trust.

Life insurance policies, retirement accounts, and payable-on-death or transfer-on-death accounts generally pass according to their beneficiary designations.

That means a beneficiary designation can be just as important as the language in your estate planning documents.

For example, someone might have a will that provides an inheritance for their children while a retirement account still names a specific individual as the beneficiary. The retirement account may not follow the instructions in the will.

This is why reviewing your estate plan should include reviewing the accounts and beneficiary designations that make up your overall plan.

What Happens If a Biological Child Is Discovered After Death?

There is no universal answer.

If a person dies without a will or trust, the state's intestacy laws will determine who qualifies as an heir. A newly discovered biological child may potentially have a claim depending on the applicable law and the circumstances.

If there is a will or trust, the language of those documents becomes particularly important.

Questions may include whether the document defines who qualifies as a child, whether adopted or biological children are treated differently, whether children born outside of marriage are addressed, and whether the document contains provisions dealing with children or descendants who are later discovered.

These issues can become complicated quickly, particularly when significant assets are involved or other beneficiaries dispute the claim.

Estate Planning Should Anticipate Changes in Family Circumstances

DNA testing is only one example of why estate planning documents should be reviewed periodically. Families change in many ways. People marry, divorce, have children, establish blended families, adopt children, lose family members, and sometimes discover relationships they did not previously know existed.

Your estate plan should reflect the family you have and the intentions you want to communicate. That means reviewing not only who receives your assets, but also the language used to identify beneficiaries.

Instead of assuming that a phrase such as "my children" will always mean exactly what you intend, your estate planning attorney can help determine whether your documents should define those terms more specifically.

Clear Planning Can Reduce Uncertainty

No estate plan can prevent every potential dispute. But thoughtful drafting can reduce uncertainty about who you intended to benefit and how your assets should be distributed.

A comprehensive review should consider your will or trust, beneficiary designations, family circumstances, and the laws that apply to your estate.

If you already have an estate plan, this can be a good reason to review whether its definitions and beneficiary provisions still reflect your wishes. If you do not have one, relying on intestacy laws means leaving those decisions to the rules established by your state.

Schedule a complimentary 15-minute discovery call here to review your estate plan and make sure your beneficiary designations and planning documents reflect your wishes.