Surrogate Rita Mella

 

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Decedent’s siblings challenged Lyndsey Walegur’s status as decedent’s biological child and sole distributee, requesting a genetic marker test, and to remove her as estate administrator. The court found evidence presented by petitioners herein raised a significant possibility the presumption of legitimacy may be overcome, despite the parties not disputing that Walegur was born to her mother while she was married to decedent—evidence in the form of certified copies of decedent and mother’s divorce records from Florida filed in 1991, less than six months after Walegur’s birth. Such records contained sworn statements by decedent and mother there were no minor or dependent children of the parties, and mother was not pregnant. The court ruled presumption of legitimacy may be rebutted, concluding, on this record, a genetic marker test to compare Walegur’s DNA with that of decedent’s closest living male relative—one of petitioners, who requested such testing be performed—was warranted. Thus, it directed Walegur to submit a genetic marker test, holding the motion to revoke her letters of administration in abeyance pending receipt of test results. Also, respondent was directed to post a bond, or have her letters suspended.

Surrogate Rita Mella

 

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Decedent’s siblings challenged Lyndsey Walegur’s status as decedent’s biological child and sole distributee, requesting a genetic marker test, and to remove her as estate administrator. The court found evidence presented by petitioners herein raised a significant possibility the presumption of legitimacy may be overcome, despite the parties not disputing that Walegur was born to her mother while she was married to decedent—evidence in the form of certified copies of decedent and mother’s divorce records from Florida filed in 1991, less than six months after Walegur’s birth. Such records contained sworn statements by decedent and mother there were no minor or dependent children of the parties, and mother was not pregnant. The court ruled presumption of legitimacy may be rebutted, concluding, on this record, a genetic marker test to compare Walegur’s DNA with that of decedent’s closest living male relative—one of petitioners, who requested such testing be performed—was warranted. Thus, it directed Walegur to submit a genetic marker test, holding the motion to revoke her letters of administration in abeyance pending receipt of test results. Also, respondent was directed to post a bond, or have her letters suspended.