The rising popularity of genetic testing services like Ancestry.com and 23andMe have changed people’s thinking as they learn more about their biological history. While these services allow people to learn more about their ancestry and genetic makeup by analyzing their DNA, they can also uncover unexpected family connections and secrets, which can impact estate planning. This does not imply that family members’ genetic history is the foundation of estate planning. Still, unexpected DNA results may complicate a family dynamic.
Revelations: It’s complex
One of the main ways genetic tests affect estate planning is by revealing unknown relatives. Even if a parent takes their secret to the grave, a child might discover they have a half-sibling or that their biological father is different from the person they thought.
These revelations can lead to complicated legal and emotional issues regarding inheritance. For example, under Nevada law, children born outside of marriage, often referred to as “illegitimate children,” have inheritance rights if they can establish legal paternity. If a person finds out they have a biological child from a past relationship, that child might have a legal claim to their estate.
It can be incredibly complicated if the person has already made a will or trust that doesn’t include the newly discovered relative. In such cases, the estate plan might need to be updated to reflect the new family dynamics.
The emotional impact
Another issue that can arise is the potential for family conflict. Discovering unknown relatives can lead to feelings of betrayal, anger or confusion among family members. These emotions can make it challenging to agree on how to divide the estate.
What about sperm and egg donors?
Genetic testing can also reveal previously undisclosed adoptions or sperm and egg donations. For example, someone might find out they were adopted or that their biological parent was a sperm or egg donor. While this revelation can lead to questions, the parent is generally under no legal obligation. Federally, there are no uniform laws governing the obligations of sperm or egg donors. In Nevada, the law is clear that sperm and egg donors relinquish all present and future parental and inheritance rights and obligations to any resulting child.
Planning for the unexpected
Addressing all potential issues is the cornerstone of comprehensive estate planning. People also need to review and update their estate plans regularly, which can help ensure the plan accurately reflects their wishes. Unexpected revelations about DNA can be challenging and complicated; however, an estate planning attorney can guide families in handling such complex issues.