Copyright (c) 2008 Quinnipiac Probate Law Journal Association
The Quinnipiac Probate Law Journal
Opinion of the Connecticut Probate CourtOpinion of the Connecticut Probate Court
In Re Estate of Kachur
Quinnipiac Probate Law Journal
22 Quinn. Prob. Law Jour. 13
On December 4, 2007, the petitioner and proposed Executrix, Gloria L. Kelly, applied to admit the purported will of the decedent, dated October 24, 2005 to probate. The will indicated that the decedent's two sisters were the sole heirs at law and left the entire estate to five individuals who the court surmised were close friends of the decedent. One of the five individuals, Ryan Strache (the "claimant"), notified the court that he was the decedent's son and that, as such, he wished to contest the will. The petitioner opposed the paternity claim.
In support of his paternity claim, the claimant presented the court with an original certified Avuncular Report-Legal Test. The testing facility compared DNA samples from the two living sisters of the decedent with a DNA sample of the claimant. The report concluded that the probability of relatedness between the two sisters of the decedent and the claimant was 99.981%. The petitioner objected to the admission of the report because it failed to include a DNA sample of the decedent.
The court addressed two legal issues: (1) whether the probate court had subject matter jurisdiction to address this claim of paternity; and (2) assuming jurisdiction was proper, whether the court could rely exclusively upon the submitted report, and whether the report supports the claimant's legal claim of paternity.
The court held that it had subject matter jurisdiction pursuant to section 46b-172(a)(i) of the Connecticut General Statutes. Although the ...
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