Can the court order a dna test to determine heirship when there is a dispute of an estate with no will?

Asked 7 months ago - Chicago, IL

Two alleged heirs opened the estate without my knowledge. The one appointed administrator has been found to NOT be my fathers son & has withdrawn from the case. The other is refusing to take a DNA test. I, after having no luck obtaining an attorney, filed an appearance as well as an affidavit of heirship. The appearance was entered & the filing fee was waived by the court as I have no money. What happens now?

Attorney answers (5)

  1. Henry Repay

    Contributor Level 16

    2

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    Best Answer
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    Answered . I agree with Attorney Webb. It sounds like that your position as an heir is not in doubt, but that of other possible heirs. So, if there are funds that will be distributed, you should be able to find an attorney that will step in, particularly since there are not any filing fees left to incur. Push hard to find a qualified attorney. Be prepared to demonstrate that there will be funds from which the attorney can be paid.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended... more
  2. Ralanda Webb

    Contributor Level 13

    3

    Lawyers agree

    Answered . If there is money or other assets in the estate, you should have no problem finding an attorney to represent you. If you are questioning paternity, you need an attorney.

    There is obviously an underlying estate action open. You should not attempt to handle this on your own.

  3. Christopher Daniel Leroi

    Contributor Level 20

    3

    Lawyers agree

    Answered . You would need to open up a probated and ask the judge to order DNA testing to determine heirship before the Court had any authority to do so.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  4. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If there is no probate estate but rather only an affidavit heirshiphip, there is no court proceeding and a DNA test would not likely be ordered.

  5. Alan James Brinkmeier

    Contributor Level 20

    Answered . With no other matter pending other than an affidavit the court is not likely going to order anything on that alone.

    Hire counsel. There must be more to this.

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