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ESTATE OF YARITZA SANTOS

ESTATE OF YARITZA SANTOS, deceased - In the course of a kinship hearing held to determine whether the petitioner, Manuel Villot, (hereinafter Villot) has the right to inherit under EPTL 4-1.2(a)(2)(C), a motion was made by the attorneys for Ruth Santos, mother of the decedent and grandmother of the.....

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ESTATE OF YARITZA SANTOS, deceased – In the course of a kinship hearing held to determine whether the petitioner, Manuel Villot, (hereinafter Villot) has the right to inherit under EPTL 4-1.2(a)(2)(C), a motion was made by the attorneys for Ruth Santos, mother of the decedent and grandmother of the decedent’s deceased child, requesting DNA testing. They have represented to the court that there are currently blood samples available of the infant decedent in the hospital as he and his mother died as a result of a car accident.

Under the above EPTL provision a non-marital child is deemed the legitimate child of his father so that he can inherit if “paternity has been established by clear and convincing evidence and the father of the child has openly and notoriously acknowledged the child as his own,” Villot seeks to establish his status under this provision of the law. Attorneys for Ruth Santos seek to eliminate the possibility of the paternity of Villot through DNA testing. This court has every desire to have the most exhaustive quantum of probative information available to arrive at a just decision. Therefore the motion to test the infant decedent, Manuel Noriega Villot’s DNA is granted.

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