What Can We Learn From 23andMe?

Joseph Brown died in February of 2023 in Texas leaving behind 2 daughters (or so he thought), Kali and Abigail, and a wrongful death action that resulted in a $28M award to his estate. Wouldn’t you know, before the ink was dry on the ruling, a third daughter (Carmen) emerged after a DNA match with Kali. Kali and Abigail were initially excited to learn about Carmen, but things soured and when Carmen discovered the estate’s windfall, she sued the estate personal representative (Kali and Abigail’s mother) for interference with Carmen’s inheritance expectancy, conversion, unjust enrichment and breach of fiduciary duty by the administration (Yikes!).

So, what can we learn from this inheritance invader?

We can talk all about protecting your estate from gene pool crashers. 

Avid readers of this newsletter (mmmmmuah) know that if a Floridian dies without a last will, their probate assets will be distributed per the intestacy laws of the Sunshine State. The statue will determine the next of kin that will stand to inherit, and we recognize that surprise inheritors may be unintentionally included in an estate. Yes, if someone dies without a will or trust, a late-discovered offspring who can prove paternity through DNA testing may step into the statutory line of succession, regardless of whether the decedent knew of that child’s existence.  We all know that a last will and/or a trust are mission-critical to identify beneficiaries.

However, a DNA match doesn’t guarantee inheritance rights if a valid estate plan clearly designates other beneficiaries.  Courts prioritize documented intent over biology when the governing documents are clear and explicit.  However, even will or trust may be fallible to a genetic gold-digger if it is not clear as to who the beneficiaries are. 

A couple of things to consider for your estate plan to prevent an inheritance interloper.

• Include Names and Not only Classes. Documents should have a clear identification of beneficiaries’ names, rather than relying solely on broad class terms like “children,” “issue,” or “descendants.”  Clearly identifying the individual folks in the estate plan reduces the possibility that a surprise heir was “intended” to be included by the testator or testatrix (love that word!).

• Affirmative Exclusion Language. Language that excludes anyone that is not named in the document (we lovely call this “our hater clause” in our office) is another way to reduce the chances of DNA surprise guests. 

So, there you have it. We learn that it’s very important to define “family” in legal documents and estate planning in 2025 is a balancing act of combining traditional tools with modern awareness.  

Oh, I almost forgot.  The parties settled and Kali and Abigail’s lawyer indicated that it “was resolved favorably” for Kali, Abigail and their mom, partially because by the time the complaint was filed, too much time had passed since Joe’s death (sounds like a technicality to me).