Q: Hi my brother passed away and we are willing to do a paternity test. Do we have to go through the court system?
We have a blood card at the coroner's office already for my brother. We are willing to sign for the card to establish DNA. We want to make this as easy as possible for all parties involved. If there is a way to stay out of court that would be better. Also we would like to establish DNA because if the baby does come back as my brothers the bio mother will be able to file for death benefits.
A: You do not need a court order to do a DNA test (assuming that the coroner will give you the sample without a court order). However, you probably will need a legal declaration that the deceased is the father (esp. for death benefits)--all of this will be covered when his estate is probated. You may want to consult with a probate attorney or your local courthouse's self-help office.
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