At-home genetic testing kits have moved from novelty to household staple. Services like 23andMe and AncestryDNA now sit alongside toothpaste on store shelves. The results, however, can reshape something far more permanent than a casual gift purchase: a family’s estate plan.
A New Source of Family Disclosures
Saliva tests have introduced millions of Americans to relatives they never knew existed. Half-siblings appear. Biological parents surface. Adopted adults locate birth families. These discoveries can be meaningful on a personal level, and they can also trigger legal questions when a loved one passes away.
A will that leaves assets to “my children” or “my issue” can be read broadly. Without further definition, those terms may extend to biological descendants the testator never met. A Timnath estate planning lawyer works with these definitions regularly, because precise drafting prevents disputes when DNA evidence enters the picture later.
How Colorado Law Treats Biological Heirs
Colorado follows the Uniform Probate Code on questions of parentage and inheritance. Under C.R.S. § 15-11-117, a biological child generally has inheritance rights through both parents, with several exceptions tied to adoption and assisted reproduction.
This becomes relevant in two main scenarios:
- A decedent dies without a will, and a previously unknown biological child later comes forward
- A will uses generic terms like “descendants” or “heirs of the body” rather than naming specific people
In either case, DNA evidence can support a claim against the estate. The probate court may be asked to determine whether the claimant qualifies as an heir, which can delay distributions and consume estate assets in litigation.
Drafting Around Genetic Surprises
Careful drafting addresses these issues before they arise. At W.B. Moore Law, our team builds clarity into every plan so that intent governs the outcome rather than chance.
Common protective steps include:
- Naming beneficiaries individually rather than using class designations
- Defining “descendants” and “children” within the document itself
- Addressing stepchildren, adopted children, and posthumously conceived children directly
- Using no-contest clauses where appropriate
- Updating documents after major family changes
A well-drafted plan reflects the testator’s actual wishes. It does not leave room for a stranger to claim a share based on shared genetics alone.
When to Revisit an Existing Plan
Most plans benefit from review every three to five years, and sooner after significant events. DNA test results may qualify as such an event. If a relative has surfaced through genetic testing, or if your own results have changed your understanding of family ties, the document on file may no longer match your intentions.
Other prompts for review include marriage, divorce, the birth or adoption of a child, the death of a named beneficiary, and the acquisition or sale of substantial property. A short conversation with counsel can confirm whether changes are needed.
Planning for Digital Genetic Data
Estate planning conversations now sometimes touch on genetic data itself. Some clients ask whether their DNA results should be addressed in their plan, particularly when 23andMe or similar accounts contain identifying information. A digital asset clause can specify how these accounts are handled, including whether the data should be downloaded, transferred, or deleted.
Working With Counsel in Northern Colorado
DNA testing will keep reshaping how families understand themselves. The legal documents that govern inheritance should keep pace. Working with an estate planning lawyer helps confirm that your plan reflects your wishes, not assumptions made by software or default statutes.
If you have questions about how recent family discoveries might affect your existing documents, our attorneys can review your plan and recommend updates. To speak with a local attorney about your situation, contact our Timnath, CO estate planning lawyer about next steps.