In re Brockmire

424 S.W.3d 445, 2014 WL 946963, 2014 Mo. LEXIS 15
CourtSupreme Court of Missouri
DecidedMarch 11, 2014
DocketNo. SC 93606
StatusPublished
Cited by6 cases

This text of 424 S.W.3d 445 (In re Brockmire) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Brockmire, 424 S.W.3d 445, 2014 WL 946963, 2014 Mo. LEXIS 15 (Mo. 2014).

Opinion

PAUL C. WILSON, Judge.

The issue in this case is whether a grandchild is entitled to inherit her biological grandfather’s estate where her mother (i.e., the decedent’s daughter) was adopted by her stepfather before the decedent died. Two statutes provide the answer. First, under section 474.060.1,1 an adopted child is a “child” of the adoptive parent for purposes of intestate succession, not the biological parent. Second, section 474.010(2)(a) provides that only the decedent’s children are entitled to inherit; grandchildren (or other descendants of a “child” of the decedent) inherit only if that child dies before the decedent. Accordingly, this grandchild has no right to inherit her biological grandfather’s estate because: (a) her mother was not a “child” of the decedent at time he died, and (b) even if she was, her mother did not predecease the decedent.

On July 18, 2011, Lonnie Broekmire (“Decedent”) died intestate. He was not survived by a spouse or either parent but was survived by: (a) his brother Ronald; (b) Decedent’s only biological child Sherri; and (c) Sherri’s daughter Bella. After Sherri became an adult (though prior to Decedent’s death), Sherri was adopted by her stepfather (i.e., the husband of her mother). Bella was eight weeks old at the time Sherri was adopted.

Following Decedent’s death, Sherri — as custodian of Bella’s assets — sought a partial distribution of Decedent’s estate to Bella. The circuit court granted this distribution over Ronald’s objection. Ronald appeals under section 472.160.1(4), and this Court granted transfer pursuant to Rule 83.04. See Mo. Const, art. V, § 10. Because the facts are not in dispute and the appeal involves only questions of statutory interpretation, this Court’s review is [447]*447de novo. Crockett v. Polen, 225 S.W.3d 419, 420 (Mo. banc 2007).

When a person dies without a will, the person’s estate is distributed according to the provisions of sections 474.010 to 474.060. Where there is no surviving spouse, section 474.010(2)(a) provides that the decedent’s entire estate is to be divided among the decedent’s “children, or their descendants, in equal parts.” Accordingly, grandchildren do not have any statutory inheritance rights as grandchildren. Instead, a grandchild is entitled to a share of the decedent’s estate only if: (1) the grandchild is a descendant of a “child” of the decedent; and (2) this “child” would have been entitled to inherit but for predeceasing the decedent. § 474.010(2)(a).

Applying the plain language of section 474.010(2)(a), it is clear that Bella is not entitled to inherit Decedent’s estate. First, Sherri is still alive. But for her adoption, Sherri would inherit Decedent’s estate — not Bella. Second, Bella cannot inherit as a descendant of a “child” of the decedent because Sherri was not Decedent’s “child” at the time he died.

Sherri attempts to overcome the plain language of section 474.010(2)(a) by arguing that Bella is entitled to inherit Decedent’s estate because: (1) Sherri should be treated as a “child” of Decedent despite her adoption; and (2) Sherri should be deemed to have “died” as a result of that adoption. Not only do the statutes governing adoption and intestate succession not support such conclusions, but they also plainly preclude them.

Adoptions are governed by chapter 453, and section 453.090 describes, in part, the general consequences of an adoption:

1. When a child [regardless of age] is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010) shall cease and determine. Such child shall thereafter be deemed and held to be for every purpose the child of his parent or parents by adoption, as fully as though born to him or them in lawful wedlock.
2. Such child shall be capable of inheriting from, and as the child of his parent or parents bg adoption as fully as though bom to him or them in lawful wedlock and, if a minor, shall be entitled to proper support, nurture and care from his parent or parents by adoption.

§ 453.090 (emphasis added).2

Even though section 453.090.2 makes it clear that the effect of Sherri’s adoption is to make her the child of her adoptive parent for all purposes, this statute leaves the door open for Sherri to argue that she also remains Decedent’s child for purposes of intestate succession and, therefore, she [448]*448(or Bella, as her descendant) is entitled to inherit from Decedent’s estate too. Section 474.060, however, closes this door with an unmistakable slam:

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents[.J

§ 474.060.1 (emphasis added). See also Wailes v. Curators of Cent. Coll., 363 Mo. 932, 254 S.W.2d 645, 649 (1953) (“[i]t is no part of the public policy of the state that adoption should operate as an instrumentality for dual inheritance”).

This case presents precisely the type of dispute that section 474.060.1 was intended to resolve because the relationship of Decedent and Sherri as “parent and child” must be established before Bella’s rights of intestate succession — which derive solely from and through’ Sherri— can be determined under section 474.010(2)(a). Because section 474.060.1 declares unequivocally that Sherri is not Decedent’s child, Bella cannot inherit as a descendant of a “child” of the decedent, even if the Court assumes that Sherri should be treated as having “died” as a result of her adoption. Accordingly, neither Sherri nor Bella has any legal relationship to Decedent for purposes of intestate succession, and neither of them is entitled to inherit his estate under section 474.010(2)(a).3

Even though the plain language of sections 474.010(2)(a) and 474.060.1 appear to make short work of this case, Sherri (on behalf of Bella) contends that the Court cannot apply these statutes as written. Instead, because Sherri insists that the phrase “children, or their descendants” in section 474.010(2)(a) conflicts with the phrase “surviving issue” in section 474.010(1), she argues that the Court is bound to “harmonize” these two provisions to avoid absurd results that may occur in future cases. According to Sherri, if Decedent had been survived by a spouse, Bella would have qualified as “surviving issue” for purposes of section 474.010(1), which distributes part of a decedent’s estate to a surviving spouse and sets aside the remainder of the estate for the decedent’s “surviving issue.” Because Bella would have qualified as “surviving issue,” Sherri argues that the Court must construe “children, and descendants of children” in section 474.010(2) to include Bella or Bella never could receive the share of the estate reserved for her under section 474.010(1).

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Bluebook (online)
424 S.W.3d 445, 2014 WL 946963, 2014 Mo. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brockmire-mo-2014.