Seattle, WA asked in Probate for Georgia

Q: Georgia law ? Can step siblings insist you have a DNA test to inherit your portion of the deceased father’s estate?

My mother and father were married for years before my birth, both listed on my birth certificate as parents. According to court documents they were divorced when I was 3 yrs old. I and my older siblings were listed as their children on the divorce decree. The decree also states that if he enters back into, that CA courts jurisdiction, child support would be persuade . According to my adult sibling he’d paid child support before leaving CA. Fast forward 60 years both parents deceased, fathers estate in probate court for years. Settled with mediation. Time to divide the estate & I receive a letter from a 1/2 sibling indicating I am not a bio-child of father. Indicating she spoke to “council” & was advised to request I have DNA test to prove biological father. Is this a legitimate step if my father had never requested such? Would a court order this.? Is a birth certificate divorce & decree enough?

No will was accepted so estate was divided among all his children.

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If there is a court order declaring you a child of the deceased, and the parent died intestate, you are entitled to your share of the estate equal to your siblings share. You should consult an attorney specializing in probate work before you lose your rights.

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