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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99430
Experience:  Fully licensed attorney in Texas in private practice.
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If i take a DNA test and it proves that my deceased brother

Customer Question

If i take a DNA test and it proves that my deceased brother is the father of an indive
JA: Estate laws vary by state. What state are you in?
Customer: Va
JA: What documents or supporting evidence do you have?
Customer: Let me start over.....I just want to know if a person can sue me/estate if its proved that my deceased brother is his father
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes mY mother left me everthing since my brother died before she did. And i want to know if its proven through a DNA test that my brother is in fact the father can this person sue my estate.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is no. But of course, it gets more complicated.

Family members are not liable for the debts of the deceased individual, with the exception of spouses in some states and in some circumstances. You are not the spouse, so this would not apply to someone in your situation.

However, the creditor can trace the assets of the estate from the deceased individual and attach these assets to fulfill a civil judgment - if they get one through the court, and if they attempt to trace assets in the first place. With things like titled assets, this is easier. However with items that do not have titles such as furniture, jewelry, etc, this is not.

In addition, if the family members file probate formally for the estate of the deceased individual and give creditors proper notice, then whatever assets were formally transferred to the heirs under probate before the creditors can bring their claim can generally no longer be attached.

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