The rising popularity of at-home DNA testing kits is bringing consequences to an area its many users might not have anticipated: estate planning. Online services such as 23andMe have made it simple for individuals to explore their ancestry and identify previously unknown relatives through simple testing.

While these genetic discoveries can be fascinating, they can also create unforeseen complications when it comes to inheritance. Suddenly, families, their attorneys, and the Courts may be faced with claims from newly discovered heirs, adding layers of complexity to estate administration and potentially disrupting long-standing family expectations.

Dying Without a Will in New York

To die “intestate” means to die without a Last Will and Testament. In New York State, when a person dies without a Will, intestate succession laws determine who inherits. This may result in assets going to unexpected and undesirable recipients, such as relatives you may not have anticipated or distant family members with whom you have little or no connection.

Unfortunately, fewer than half of American adults currently have a valid Will in place. Some common reasons cited for avoiding proper estate planning include a perceived lack of assets, procrastination, or uncertainty about the estate planning process. However, regardless of age or wealth, a clear estate plan is essential to ensuring your wishes are carried out and your loved ones remain protected.

Lessons for Families and Estate Planning Best Practices

1. Always Create a Will

A valid Will is the cornerstone of effective estate planning. Absent a valid Will, there is no guarantee that your closest relatives will inherit your assets, leaving the state to decide who benefits.

2. Communicate Your Intentions

Discussing your wishes with family members well ahead of time can prevent confusion, tension, or disputes. Open communication ensures everyone understands your priorities and reduces the risk of surprise claims.

3. Keep Your Estate Plan Current

Life changes, including marriages, divorces, births, and deaths, can affect who should inherit from your estate. Regularly updating your Will and related documents ensures your estate plan reflects your current wishes and that outdated beneficiaries are removed.

4. Clearly Identify Descendants and Children

One of the most important steps in estate planning is to explicitly name your children and other descendants. Meaning, your Will should list named individuals, not just categories like “my children” or “my descendants.” It is imperative to include full names and other identifying information, such as dates of birth. This identification helps prevent confusion, ensures your intended heirs are recognized, and reduces the likelihood of disputes.

5. Consider the Possibility of Unexpected Heirs

DNA testing has made it easier than ever for long-lost relatives to emerge. Thoughtful planning, including identifying potential surprise heirs, can help safeguard your estate against unexpected claims.

Protect Your Estate From Surprise Claims and Unexpected Heirs in NY

Under New York State intestacy laws, children only inherit from their parents if they have a legal parent-child relationship. Shared DNA alone does not qualify a person to inherit by default without another factor reinforcing that relationship, like marriage, adoption, or an Acknowledgment of Paternity. But for those who do have Wills, insufficient attention to details or imprecise wording could open the possibility to additional grief for loved ones. Even if a surprise heir’s claim is tenuous, the process of addressing that claim can still be taxing: emotionally and financially. Some loved ones may settle with surprise heirs just to avoid the pain of a protracted legal battle—even when they are likely to win.

There is only one way to ensure your final wishes and assets are not left to chance: a valid Will. A well-crafted and up-to-date estate plan provides peace of mind, protects your loved ones, and ensures your assets are distributed according to your wishes, not the default rules of the state.

Tully Rinckey attorneys understand that planning a Will in NY can be not only complex but also an emotionally taxing process. They will handle your matter with the attention and tact it deserves. If you have additional questions about wills or probate law in New York State, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

As Senior Counsel at Tully Rinckey, Marlee Stever, Esq., provides legal counsel in the areas of estate planning, trust administration, probate administration, guardianships, conservatorships, and estate tax matters. With a robust background in crafting comprehensive estate plans, Marlee focuses on developing strategies that protect clients’ assets and ensure financial stability for future generations.

Jillian R. Falt, Esq., an Associate in the firm’s White Plains office, handles a diverse array of family and matrimonial law matters. Her family law practice includes pre- and post-nuptial agreements, separation agreements, equitable distribution, spousal support, child support, post-judgment modifications and enforcement, family offense matters, and child custody and access. She represents clients in all aspects of settlement, litigation and the negotiation and drafting of agreements.