Q You recently wrote about the wife in a divorce situation who used stored genetic material to become pregnant after the divorce (and death) of the husband. It got me thinking. In the late 60’s while I was in medical school and long before the DNA era, I was asked by my OB-GYN professor if I was willing to be a semen donor for a couple having conception issues. No papers were signed, no names given, it was a completely loose affair. I just went to the OB-GYN’s clinic, knocked on a door, a hand reached out with a $20 and I handed over the specimen. I did this twice for the same recipient. I never heard whether this was a “take” or anything further. Now 50 years later, using sites like 23andMe, if my unknown-to-me progeny discovered their genetic father, would/could they have legal claim to my estate?

A Developments like 23andMe and other ancestry websites are causing many to worry about a kid showing up on the doorstep with the Seuss-like question, “Are you my daddy?” Your situation is interesting and makes me wonder what else they ask smart, young med-students to do? Alas, I digress.

You can breathe easy, Doc. The short answer to your question is that according to both the California and United States Supreme courts, you do not need to worry about a child showing up and making a claim against your estate. Family Law code section 7613 provides that if a woman conceives through assisted reproduction with seamen or ova or both donated by a donor who is not the woman’s spouse, with the consent of another intended parent, that intended parent is treated in law as if that intended parent is the natural parent. The U.S. Supreme Court weighed in further with rulings on whether such a child can claim the donor’s social security benefits and the answer to that is also, generally, no.

The Probate Code underscores the “presumed parentage” issue. If you are married and a child is conceived during the marriage and you hold that child out to be your own, whether or not you are actually the bio-parent, it is presumed that the child is yours for inheritance purposes. This presumed parentage can be rebutted if the bio-parent comes forward and presents contrary evidence. Absent that, the child is assumed to be the married parents’ child.Q My brother and I have been fighting over a piece of jewelry my father left me in his estate. This has been going on for 15 years! We do not speak other than swapping jabs about the piece of jewelry. I want the jewelry and then want nothing more to do with this brother. What can I do?

A If your brother handed over the jewelry today, you would walk away from the only relationship he has with you, right? Even though the relationship is contentious, beneficiaries are sometimes reluctant to “settle” an estate because it means the end of everything — the parents are gone, usually the assets of the estate, including the family home, are gone and, once the arguing is over, the relationship with siblings will be gone, too. Could it be that he is hanging on to the jewelry in hopes that it could lead to a meaningful reconciliation?

Liza Horvath has over 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust Management Company. This is not intended to be legal or tax advice. If you have questions call (831) 646-5262 or email liza@montereytrust.com