West Case Update

Legal Granddaughter, Who Is Not Genetic Granddaughter, Is Legally Granddaughter

Description
Appeals court held that a granddaughter, proved by DNA testing not to be a genetic granddaughter, was a beneficiary of a trust for grandchildren as she was accepted as the legitimate daughter of her father.

Topic Wills, Estates, and Trusts

Key Words
Trust; Descendent by Blood; DNA Test

C A S E S U M M A R Y

Facts
In 1988, Chester, Jr. and Eleanor, a married couple, executed mutual revocable trust agreements. The trustees are their sons Chester III and Roger and a bank. Each of Chester, Jr. and Eleanor’s four grandchildren were to receive $50,000. Chester, Jr. died in 1995. Eleanor then changed the trust to say that the $50,000 for one grandchild, Catherine, would be under the complete control of Chester III, to give to her at his discretion. If Chester III, died the money would go directly to Catherine. Eleanor died in 2005. Chester III had married Catherine’s mother in 1966 when she was six months pregnant. Chester III was listed as the father on the birth certificate. When they divorced five years later, Chester III agreed to provide child support for his daughter, Catherine. A DNA test in 1999 showed that Catherine was not Chester III’s child. Eleanor apparently knew nothing about that test and did not change her will after this fact became known. The trustees then sued the trust, seeking a declaration that Catherine was not a beneficiary because she is not a blood descendant of Chester, Jr. and Eleanor. The trial court held that since Catherine was not a blood descendant, she had no beneficial interest in the trust. She appealed.

Decision
Reversed and remanded. Catherine was the legitimate child of Chester III. She was born to his marriage and recognized by him as his legal daughter. As such, she is, at law, a “descendent by blood” of Chester, Jr. and Eleanor, as they defined the class of beneficiaries of their trust to be their grandchildren. Catherine was not to be excluded regardless of her genetic heritage. She qualifies as the beneficiary.

Citation Doe v. Doe, ---So.3d--- (2009 WL 2841190, Ct. App., Fla., 2009)

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Legal Granddaughter, Who Is Not Genetic Granddaughter, Is Legally Granddaughter
Description	Appeals court held that a granddaughter, proved by DNA testing not to be a genetic granddaughter, was a beneficiary of a trust for grandchildren as she was accepted as the legitimate daughter of her father.
Topic	Wills, Estates, and Trusts
Key Words	Trust; Descendent by Blood; DNA Test
C A S E S U M M A R Y
Facts	In 1988, Chester, Jr. and Eleanor, a married couple, executed mutual revocable trust agreements. The trustees are their sons Chester III and Roger and a bank. Each of Chester, Jr. and Eleanor’s four grandchildren were to receive $50,000. Chester, Jr. died in 1995. Eleanor then changed the trust to say that the $50,000 for one grandchild, Catherine, would be under the complete control of Chester III, to give to her at his discretion. If Chester III, died the money would go directly to Catherine. Eleanor died in 2005. Chester III had married Catherine’s mother in 1966 when she was six months pregnant. Chester III was listed as the father on the birth certificate. When they divorced five years later, Chester III agreed to provide child support for his daughter, Catherine. A DNA test in 1999 showed that Catherine was not Chester III’s child. Eleanor apparently knew nothing about that test and did not change her will after this fact became known. The trustees then sued the trust, seeking a declaration that Catherine was not a beneficiary because she is not a blood descendant of Chester, Jr. and Eleanor. The trial court held that since Catherine was not a blood descendant, she had no beneficial interest in the trust. She appealed.
Decision	Reversed and remanded. Catherine was the legitimate child of Chester III. She was born to his marriage and recognized by him as his legal daughter. As such, she is, at law, a “descendent by blood” of Chester, Jr. and Eleanor, as they defined the class of beneficiaries of their trust to be their grandchildren. Catherine was not to be excluded regardless of her genetic heritage. She qualifies as the beneficiary.
Citation	Doe v. Doe, ---So.3d--- (2009 WL 2841190, Ct. App., Fla., 2009)