In re the Estate of Francis

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Lee L. Holzman, J.

The sole issue tried in this bench trial is whether, pursuant to EPTL 4-1.2 (a) (2) (C), J, born on February 26, 1994, D, born on October 22, 1995, and S, born on August 23, 1998, are entitled to inherit from the decedent as his nonmarital children. The petitioner is the mother of the children and the guardian of theirj property. The respondent, the decedent’s spouse, did not make any mention of these children in her petition for letters of administration. Instead, she listed herself and three other non-marital children of the decedent, who were born…