Wisconsin Court Upheld Posthumous Paternity Ruling
The appellate court confirmed genetic testing can establish heirship for a man who died intestate.
Updated on Sept. 28, 2026 in Life Sciences
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The Wisconsin Court of Appeals ruled that Dorothy Becher is the sole heir of Joseph Gaigg. The decision relied on posthumous genetic testing to confirm paternity after Gaigg died without a will in 2022.
Why it matters
The ruling clarifies that statutory amendments authorize paternity proceedings for deceased individuals, ensuring genetic evidence is admissible in probate disputes. This decision overcomes procedural hurdles that previously complicated inheritance claims.
Genetic testing confirmed a 99.99% probability of paternity between Joseph Gaigg and Dorothy Becher. The court determined that the 19-year statute of limitations in Wis. Stat. § 893.88 did not apply to this probate-based motion.
The players
Dorothy Becher
She was identified as the sole heir of Joseph Gaigg following a successful paternity claim.
Joseph Gaigg
He died intestate in 2022, leaving behind an estate that became the subject of a posthumous paternity dispute.
Wisconsin Court of Appeals
This is the appellate body that affirmed the use of genetic evidence in probate-related paternity motions.
The details
The court affirmed that state laws explicitly allow paternity to be established even after an alleged father has passed away. By rejecting challenges to the timing of the claim, the ruling established a precedent for using modern genetics to resolve complex probate cases.
Timeline
Joseph Gaigg died intestate in 2022.
The Wisconsin Court of Appeals issued the ruling on September 28, 2026.
The Big Picture
The ruling regarding Wis. Stat. § 893.88 clarifies how paternity claims are handled in probate court. It updates the interpretation of the law by confirming it does not bar paternity establishment motions filed during probate.
This decision provides a clear legal pathway for individuals to claim inheritance rights through genetic evidence. It establishes that medical science can resolve long-standing disputes, potentially altering how probate estates are settled in the future.
The takeaway
This case highlights the growing influence of genetic data in modern legal proceedings regarding family ties. Families involved in estate disputes should note that modern testing can be successfully used to settle claims even long after an individual has passed away.
Further reading
Learn more about the intersection of law and genetics in Life Sciences.
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Should genetic test results override traditional legal presumptions when determining inheritance rights?
