![]() ![]() Judy testified that Tom would take Lucas all the time, and that Tom wanted Lucas to have a relationship with his younger child, Shannon, and that he "wanted them to be a happy family". Judy and Tom talked and then decided that they would tell Lucas that Tom was his father, after which father and son established a close relationship. Judy testified that, after Lucas's birth, Lucas did not have any relationship with Tom until one day, when Lucas was in third grade and he was at a park, and Lucas seemed to recognize Tom as his father. Immediately after Lucas's birth, Tom's paternity was established by the Erie County Family Court. Judy testified that she and Tom would often break up, but, when she became pregnant, they decided that they would keep their child, and, on August 7, 1975, Lucas was born Judy and her friends were known as the "Armor Girls", and Tom and his group of friends were known as the "Big Tree Boys", based on the neighborhoods where they resided in Orchard Park, New York.Īfter graduating from high school in 1972, Judy and Tom lived together with her sister and her husband. She and Tom, as well as Ray, Peter and Paul, were childhood friends. Judy testified that she had known Tom since he was thirteen years old. Testimony was presented at the hearing by Lucas, Lucas's mother Judy Hallick, decedent's brothers Raymond Brown and Peter Brown, and decedent's friend Paul Steger. Upon proof that no heirs other than those before the Court exist, the class of heirs may be "closed" (see e.g., Matter of Alao, NYLJ, March 19, 2002, at 20, col 5). For kinship to be established to the satisfaction of the Court, a claimant must make an evidentiary showing (1) how she or he is related to the decedent, and (2) that no other persons of the same or a nearer degree of relationship survived the decedent. This burden is met by a preponderance of the evidence (see, Matter of Paul, 2017 NY Misc LEXIS 674, 2017 NY Slip Op 30355U see also, Matter of Whelan, 93 AD2d 891 ). Pursuant to EPTL 4-1.2, the right of non-marital children to inherit from their birth fathers depends on proof of paternity by one of four methods: (1) an order of filiation by a court of competent jurisdiction during the lifetime of the father (2) an acknowledgment of paternity executed by the parents of the child pursuant to Public Health Law §4135-b and filed in the district in which the birth certificate is filed (3) a signed instrument, acknowledging paternity by the father in a manner required to record a deed or (4) by clear and convincing evidence, which may include, but is not limited to, evidence derived from a genetic marker test, or evidence that the father openly and notoriously acknowledged the child as his own.Ī claimant has the burden of proving kinship (see, e.g., Matter of Flavin, 15 Misc 3d 1104A ), and she or he must establish that she or he is the decedent's closest blood relative as defined in EPTL 4-1.1 (see, Matter of Dinzey, NYLJ, June 9, 2003, at 33, col 4). ![]() The parties waived the filing of a written report and consented that I might decide the issues based upon the testimony and documents produced at the hearing and stipulated into evidence (see SCPA 506). On consent of the parties, a kinship hearing was held on December 6, 2021, before a Court Attorney appointed by me on a hear and report basis. In cases such as this, where there is a non-marital child, issues concerning kinship generally and class-closing arise. was appointed guardian ad litem for possible unknown heirs. Jurisdiction has been obtained over all necessary parties, and Thomas D. Pending now before me is a petition for judicial settlement of Lucas's final account. Letters of Administration issued to Lucas on January 17, 2019. ![]() Tom was never married and he was survived by his son Lucas Hallick and his daughter Shannon Guerin died on November 13, 2018, at the age of 63. Attorney General of Counselĭecedent Thomas E. Farner, Esq.Īppearing as Guardian ad Litem for Possible Unknown Heirs Brown, Jr., Deceased.Īppearing of Counsel for William C. This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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