Matter of Nasert
New York Surrogate Court
192 Misc. 2d 682 (2002)
- Written by Jamie Milne, JD
Facts
When Robert Nasert died, he was survived by an adopted daughter, Jennifer Bragerton (plaintiff), and an alleged nonmarital daughter, Suzanne Knudsen (defendant). Bragerton offered Robert’s purported will for probate in a New York surrogate court. The document named Bragerton as Robert’s sole beneficiary. Knudsen wished to oppose the will. However, to have standing to oppose, Knudsen needed to prove that Robert was her father and that she would therefore be a statutory heir under the intestacy statute if the will was denied probate. At a hearing, Robert’s identical twin, Carl Nasert, offered himself for DNA testing to aid in determining Knudsen’s paternity. The DNA testing concluded that if Carl was Robert’s identical twin and Carl himself was not Knudsen’s father, then there was a 99.96 percent probability that Robert was the father. The parties did not dispute that Carl was Robert’s identical twin and that Knudsen’s mother only ever had a sexual relationship with Robert, not Carl. The surrogate court considered whether Knudsen’s paternity was sufficiently proven to give her standing to oppose the purported will.
Rule of Law
Issue
Holding and Reasoning (Fusco, J.)
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