Q: How to proceed with DNA testing and inheritance question for potential granddaughter of deceased in NY?
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started, there are no documents, and I have not yet contacted the young lady as they never met. My former wife had no estate, but she wished to show love to this potential granddaughter. How should I proceed in this situation to honor her last wishes?
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A:
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her intentions, your approach will depend on voluntary participation and informal arrangements.
The first step would be to determine whether the young woman is willing to participate in a DNA test. Since there is no legal obligation for her to do so, you would need to contact her, explain the situation, and see if she is open to taking the test. If she agrees, you could arrange for a private DNA test through a reputable laboratory. This would allow both parties to confirm or rule out a biological relationship without involving the courts.
If there were any assets or accounts left behind in your former wife’s name that require distribution, and she died without a will (intestate), then the laws of intestate succession in New York would govern inheritance. In that case, legal heirs—typically children, spouses, or other close relatives—would have rights to any assets.
If a formal inheritance is desired and the DNA test confirms a biological relationship, you could explore creating a trust or direct gift to the young woman in honor of your former wife. If no formal legal process is necessary, a direct financial contribution or personal acknowledgment of the relationship may be enough to fulfill your former wife’s wishes.
If you are unsure how to proceed with financial gifts or inheritance matters, consulting with a New York trust and estate attorney may be helpful. They can guide you on setting up a formal gift, trust, or other financial arrangement while ensuring compliance with tax laws and any legal requirements.
This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.
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