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

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 The one appointed administrator has been found to NOT be my fathers son & has withdrawn from the case.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?

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Attorney answers 5

Best Answer
Posted

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 to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

Posted

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.

Posted

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.

Posted

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 be legal advice.

Posted

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.

Angel M. Traub

Angel M. Traub

Posted

I agree this would be too difficult to handle without an attorney. If you need any assistance with this issue please let us know at A. Traub & Associates 847-749-4182 or atraub@atclaw.com

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