Can a non biological, yet legal, heir be cut out of the estate when the deceased dies with no will?

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Can a non biological, yet legal, heir be cut out of the estate when the deceased dies with no will?

My grandfather passed away in April and left no will. My Uncle was appointed by
the court to be the fiduciary for the estate. In the meantime, we have discovered
through Ancestry DNA testing that my grandfather was no my father’s biological
father. My father is deceased, and therefore my sister and I stand to inherit my
father’s portion of the estate as his heirs. My uncle now seems to be threatening
to try to cut us out. Is this possible? Do I need to seek out an attorney? My
father’s name is on my birth certificate, and his father’s name is on his, so all
the legal parent child relationships are in place.

Asked on February 2, 2018 under Estate Planning, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Please seek legal help ASAP.  It is unclear how a service like Ancestry DNA will be viewed as "proof" here and case law in the state will givern.  If your uncle is challenging parentage when all along no one else did this is a novel situation that only a Judge can rule on given the law in your state.  Your Uncle bears the burden here of prooving you have no right to inherit.  That will cost money on alll sides.  And many other facts are necessary to make this determination making this forum a difficult one to guide you in.  Good luck.


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