How to get a court order for dna testing for a legal sibling, not a biological sibling. A child by marriage and divorce. Probate court.

ANY question on law needs to include your general locale as laws vary by area.

Why do you need it?

ANY question on law needs to include your general locale as laws vary by area.

Why do you need it?

To provide all heirs of the estate, the one causing all the hell is said not to be a biological child and is said to have known this for years. We just got the two to court and they have gone through all moneys, over $300 K. there is land lots left.

So someone dies with or without a will. And there are claimants to the will. What is the basis of their claim? If its biological, then the probate court should order the test to establish the blood relationship. If it s a legal relationship then there should be documentation. Aren't there lawyers involved?

Your question doesn't make a lot of sense. You get a court order by showing the court that it is necessary to establish something. But you are not making it clear what is needed to be established or why.

to provide all heirs of the estate, the one causing all the hell is said not to be a biological child and is said to have known this for years. we just got the two to court and they have gone thru all moneys, over $300 K. there is land lots left.

Dad married and divorced her mother. She has never accepted us ( I have a brother with my mom and a half brother with another mom) the one hell raiser ran off the sister that I know the most have not found her yet- according to family she did something and she wants no parts of, however she did tell me the one hell raiser and her one follower did something illegal and they will get caught. I just thinking bank records. I finally found an attorney I pray it works because I have run out of money to get someone to help her. The second atty. Ran when I could not get my hands on the money, I had to go through the constable to get the hell raiser to court by eviction. This is the first time they showed up and we have been ordered to work it out. I am the bonded admin. days ago someone has taken more property (Mercedes) off the grounds. Anyway, seems like a never ending battle and I heard that we should all take DNA test, but the 3 won't because of the divorce, born while married. All others to take DNA, isn't there a difference. I not saying leave the hell raiser out, Dad married her mom and divorced her. At the end of the day we want to know if she is a biological sibling. At the wake in the Funeral Home she made sure she told me she is not my sister and the family members are mad because they say she is right, she is not our biological sister and she has been the one to do everything.
Our cousin was the attorney and he said he did not know about us; told us immediately after the Funeral, with his mother and other sibling that the hell raiser and her follower bought dad to his office and tried to make him sign a will and a power of attorney and he would not get out of the car, he had to go out side and talk to dad through the window of the car and dad said no I am not going to sign anything and give those girls all that he worked for and he is not signing any thing. They have had a field day with bank account and credit cards.
The first atty. After we paid her she was sending me to the bank, job had me calling all over the place. Everyone kept turning me away and telling me your attorney should be doing this. The samething with the second atty. He said he would get paid from the estate and then once a mircle happened (me appointed Adminis) he changed his mind when I could not get the money from the bank and asked for more money I paid him $5000.00 I almost paid him 3500.00 more but he sent me to the probate court #2 and they said you're here again where is your atty. They had to help me each time something happened at that court house, even the day I was appointed administrator. Last week when we went to court he still had not sent over an itemized receipt or the returned receipted letters that those other siblings ignored, thank God it was a court room because he has ignored all calls and faxes for paperwork. This is the first time the hell raisers have appeared in court. If I could pay another atty. more aggressive to deal with these sharks, I would. I can say this most of that money is gone looks like they have been spending about 20,000 a month. The follower remodeled the house and said it was hers, the judge told her to pay rent since 7/20/2011 until I guess we work it out. If you have any suggestions please advise. I say the hell raisers have spent their share and we should freeze some bank accounts and get as much as we can back because the follower told me she had to put her name on dads bank account because she had to take care of him. She has been known to seel her self on the streets and has filed income taxes, the #1 hell raiser works at the post office.

You are looking at it incorrectly, you deny them any right as a heir, and then they challenge it, if they want to and request a DNA test to prove it.

Now if they were adopted, or if the person is listed on the birth certificate ( even if not real bio father) then legally they are the father, even if not bio.

You have no obligation to prove she is not a heir, she has the burden to prove she is.

You are looking at it incorrectly, you deny them any right as a heir, and then they challenge it, if they want to and request a DNA test to prove it.

Now if they were adopted, or if the person is listed on the birth certificate ( even if not real bio father) then legally they are the father, even if not bio.

I don't think I denied her anything, we just want to know if she is a biological sibling. The 3 of us have said as far as we know weare all heirs, but whe they would not listen to the courts they said get dna to prove all heirs, the by the time I get 3rd atty. We find divorce, she is the one who says she is not our sister. I have never even thought about it until they claim they don not know who we are. I thought the dna to establish all heirs. She is leaglly an heir, right?

Again, DNA is only necessary if there is a legal question about the relationship. A person can still be a legal heir even if not biologically related. So I would forget about the DNA business unless there is a question about their legal relationship.

I gather that dad died without a will. So what should have happened is that his assets were frozen, an executor appointed and the estate processed through probate to determine who gets what. It sounds like someone made a mess of this whole thing and either looted the estate or caused legal issues that ate up the estate with legal fees. Its not clear what happened here, but what is clear is that the probate court needs to sort it out.

Ok, if the admin of the estate is not sure someone is a heir, they can require that THEY prove they are before they receive any funds, If you already paid out funds to this person it is too late, it is over.

It sounds like
1. there was no will
2. the estate was not handled properly

Thanks for all the help. I am the administrator now. The Hell raiser and follower have been spending about 20,000 a month. The judge ordered them to bring in bank records. They dropped dads name from the bank records some how and he also told those two that the land lots are not theirs or other property. I pray that with the sale of the land I can get back all the money I put in. I think they have gone through most of the money.
Thank you.

So someone dies with or without a will. And there are claimants to the will. what is the basis of their claim? If its biological, then the probate court should order the test to establish the blood relationship. If it s a legal relationship then there should be documentation. Aren't there lawyers involved?

your question doesn't make a lot of sense. You get a court order by showing the court that it is necessary to establish something. But you are not making it clear what is needed to be established or why.

Thanks for all the help. I am the administrator now. The Hell raiser and follower have been spending about 20,000 a month. The judge ordered them to bring in bank records. They dropped dads name from the bank records some how and he also told those two that the land lots are not theirs or other property. I pray that with the sale of the land I can get back all the money I put in. I think they have gone through most of the money in the bank. The Judge told them it is not theirs. Three need to take DNA, father not on birth certificate. The Hell raiser is legally heir. Brother's want to file charges on her for taking money from the bank. I guess we will see what happens.
Thank you