The Wisconsin Court of Appeals has ruled in favor of Dorothy Becher, affirming that she is the biological daughter of Joseph Gaigg. This decision, issued on September 22, 2026, affects inheritance rights within the estate of Joseph Gaigg, who died without a will. The ruling clarifies the legal standing of nonmarital children in inheritance cases and how paternity can be established posthumously.
Sharon Peterson, Joseph's niece, appealed the circuit court's decision, arguing that Dorothy should not inherit from Joseph's estate because she could potentially inherit from her presumed father, Gordon Becher. The case highlights the complexities of family relationships and inheritance laws in Wisconsin.
Joseph Gaigg passed away intestate on November 27, 2022. Following his death, Peterson filed an application for the informal administration of his estate, listing herself and other relatives as interested parties. However, Dorothy Becher objected, claiming she was Joseph's only surviving issue and should be recognized as his sole heir. Dorothy argued that she was the biological daughter of Joseph, not Gordon, who was married to her mother at the time of her birth.
In support of her claim, Dorothy provided DNA test results indicating a 99.99% probability that Joseph was her father. She contended that these results overcame the legal presumptions that Gordon was her father, as outlined in Wisconsin statutes. The circuit court agreed, determining that Dorothy had the right to inherit from Joseph's estate.
The court ruled that Dorothy successfully rebutted the presumptions of paternity under Wisconsin law. The court stated, "We conclude that Dorothy overcame both presumptions of paternity... by showing that Joseph was her father through genetic test results." The judges involved in the ruling included Stark, Hruz, and Gill.
This ruling has significant implications for the inheritance rights of nonmarital children in Wisconsin. It establishes that genetic testing can serve as a valid means to determine paternity, even after the alleged father has passed away. The court's decision affirms that nonmarital children can inherit from their biological parents, provided they can prove their parentage.
Going forward, this ruling may influence similar cases involving paternity and inheritance rights. It reinforces the importance of genetic testing in establishing familial relationships, particularly in cases where traditional documentation may not exist. The decision also clarifies that the statute of limitations for paternity actions does not apply to motions for determining paternity within probate proceedings.
As for the future of this case, it is possible for Peterson to appeal the ruling to the Wisconsin Supreme Court. However, details on any related cases or further actions were not available in the court filing.