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In re Estate of Murcury, 177 Vt. 606, 868 A.2d 680, 2004 VT 118

Facts

Decedent Alan B. Murcury died intestate, and Robin Morris, claiming to be his son, filed a petition to open the estate. The decedent's sisters contested this claim, asserting that he had no children. The Probate Court ruled against Morris, stating he failed to establish paternity, despite presenting a birth certificate. Morris sought genetic testing of the decedent's sisters to prove paternity, but the court denied this request based on statutory limitations.

Decedent Alan B. Murcury died intestate on July 5, 2002. One week later, petitioner Robin Morris filed a petition in the Franklin Probate Court to open an intestate estate, alleging that he was decedent's son. The probate court appointed petitioner's attorney as administrator of the estate. Shortly thereafter, defendants Ann L. Newitt and Jane Murcury filed a motion for relief from judgment, alleging that they were decedent's sisters and that, to the best of their knowledge, decedent did not have any children.

Issue

Whether the statutory requirement that a child born out of wedlock must establish paternity through a timely action before turning 21 years old is unconstitutional and whether advancements in genetic testing render this limitation obsolete.

The question presented is whether a child born out of wedlock who seeks to inherit from a putative father is constitutionally entitled to establish paternity through genetic testing after the twenty-one year limitations period for the bringing of a parentage action has expired.

Rule

A child born out of wedlock must establish paternity through a timely parentage action and motion for genetic testing before reaching the age of 21 to inherit from a putative father, as per Vermont statutes.

An illegitimate child shall inherit from or through his father as if born in lawful wedlock, under any of the following conditions: (1) The father has been declared the putative father of the child under 15 V.S.A. § 306. (2) The father has openly and notoriously claimed the child to be his own.

Analysis

The court analyzed the statutory framework and determined that the requirement for timely establishment of paternity serves legitimate state interests, including ensuring the putative father's availability for testing and promoting orderly estate administration. The court noted that while genetic testing has advanced, the statutory limit is designed to encourage timely claims and avoid complications that arise from posthumous testing.

The more narrow question presented by this case, therefore, concerns the constitutionality of the statutory requirement that a nonmarital child who seeks to inherit from a putative father must establish paternity through a timely parentage action and motion for genetic testing before the child reaches the age of twenty-one.

Conclusion

The Supreme Court affirmed the lower court's ruling, concluding that the statutory requirement does not violate constitutional protections and that the 21-year limitation for establishing paternity remains valid.

Accordingly, we affirm the superior court judgment.

Who won?

The decedent's sisters prevailed in the case because the court upheld the statutory requirements for establishing paternity, which the child failed to meet.

The court concluded that under § 553 proof that the decedent has either acknowledged paternity or been adjudicated the father through a timely action under 15 V.S.A. § 302 represent the exclusive means of establishing a nonmarital child's right to inherit.

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