In Re Estate of Carlson

457 N.W.2d 789, 1990 Minn. App. LEXIS 694, 1990 WL 97047
CourtCourt of Appeals of Minnesota
DecidedJuly 17, 1990
DocketC7-90-143
StatusPublished
Cited by2 cases

This text of 457 N.W.2d 789 (In Re Estate of Carlson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Carlson, 457 N.W.2d 789, 1990 Minn. App. LEXIS 694, 1990 WL 97047 (Mich. Ct. App. 1990).

Opinion

OPINION

FORSBERG, Judge.

Agnes V. DeFreitas and Doris Sophia Benaman appeal from the district court’s orders determining respondents Raymond Kulstad and Jean Luehring are entitled to inherit from the estate of Russell W. Carlson, and appointing Raymond Kulstad as personal representative. We reverse.

*790 FACTS

The decedent, Russell Carlson, was born in 1916. He had two younger' brothers, Warren and Raymond. His parents, Axel Carlson and Caroline Victoria Carlson, both died in 1920.

After the death of their parents, the decedent and his two brothers were placed in an orphanage. The decedent went to live with the Klug family but was never adopted. Both of his brothers, however, were adopted; Raymond was adopted by the Kulstad family on December 22, 1920, and Warren was adopted by the Luehring family on June 6, 1921.

On April 15, 1921, the estate of Axel and Caroline Carlson was distributed. A guardian was appointed, and at age 21 each of the brothers received approximately $2,100.

Over the years, the brothers maintained contact with one another through telephone calls, letters, and occasional visits.

The decedent never married and was childless. When he died in August 1988, no will was found. Warren Luehring predeceased the decedent, and was survived by one daughter, Jean Luehring.

Raymond Kulstad asserts he and his brothers always assumed they had no other relatives in this country. However, at the time of her death Caroline Carlson had two brothers and three sisters. Her brothers never married and had no children. Her sisters were Maltilda Malmquist, Anna Marie Lindstrom, and Nina Nordquist. Malm-quist was survived by a son who died leaving no issue. Lindstrom had two children, who both predeceased the decedent and have children who are his first cousins once removed. One of those first cousins once removed is respondent Clarence W. Lind-strom, Jr. Nordquist had three children, one who died in 1979 and had no issue. Nordquist’s other two children, appellants Agnes DeFreitas and Doris Sophia Bena-men, survive and are the decedent’s first cousins.

A hearing was held in April 1989 for the adjudication of intestacy and determination of heirship, and for the appointment of Raymond Kulstad as personal representative. Clarence W. Lindstrom, Jr. claimed an interest as the decedent’s first cousin once removed and objected to the appointment of Raymond Kulstad as personal representative.

The district court issued an order determining respondents Raymond Kulstad and Jean Luehring are entitled to inherit from the decedent. The same order appointed Raymond Kulstad personal representative of the estate.

In a second order, the court amended its previous order by also listing appellants Agnes DeFreitas and Doris Sophia Bena-men as relatives of the decedent. The court did not otherwise change its determination of heirship.

In a motion for new trial or amended findings, appellants claimed the court erred in failing to find they are first cousins of the decedent and are closer in relationship than Clarence W. Lindstrom, who is a first cousin once removed. Appellants also challenged the court’s determination of heir-ship.

A second hearing was held in August 1989. In its third order, the court did amend its findings to indicate appellants are first cousins of the decedent. However, no other substantive changes were made to its determination of heirship.

This appeal is from all three orders.

ISSUE

Did the district court err in determining respondents’ rights to inherit from the decedent’s estate vested in 1921?

ANALYSIS

Appeals may be taken from an order appointing a representative or from an order determining distribution. Minn.Stat. § 525.71(2) and (12) (1988). The three orders at issue here are appealable because they appoint Raymond Kulstad personal representative of the decedent’s estate and determine the order of distribution of that estate.

This case involves application of the intestacy and adoption statutes. Prior to *791 1951, adopted children were allowed to inherit from their natural parents and relatives. See Roberts v. Roberts, 160 Minn. 140, 142, 199 N.W. 581, 581 (1924) (where legislature has not spoken expressly, adopted child may inherit from natural parent). In 1951, Minn.Stat. § 259.29 was enacted. See 1951 Minn.Laws ch. 508, § 9. It currently provides:

Subdivision 1. Upon adoption, the child shall become the legal child of the adopting persons and they shall become the legal parents of the child with all the rights and duties between them of natural parents and legitimate child. * * * The child shall not owe the natural parents or their relatives any legal duty nor shall the child inherit from the natural parents or kindred, except as provided in subdivision la.
Subd. la. Notwithstanding any other provisions to the contrary in this section, the adoption of a child by a stepparent shall not in any way change the status of the relationship between the child and the child’s natural parent who is the spouse of the petitioning stepparent.
If a parent dies and a child is subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights of inheritance of the child or the child’s issue from or through the deceased parent of the child which exist at the time of the death of that parent shall not be affected by the adoption.

Minn.Stat. § 259.29 (1988).

In addition, for the estates of decedents dying after December 31, 1986, Minn.Stat. § 524.2-109 provides:

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:
(1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent. If a parent dies and a child is subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights of inheritance of the child or the child’s issue from or through the deceased parent of the child which exist at the time of the death of that parent shall not be affected by the adoption.

Minn.Stat. § 524.2-109 (1988).

We realize “[a] statute in derogation of * * * common law will not be extended by construction beyond its most obvious import.” Bubar v. Dizdar, 240 Minn. 26, 28, 60 N.W.2d 77, 79 (1953). These statutes, however, are clear and unambiguous, making any such construction unnecessary. See Minn.Stat. § 645.16 (1988). These statutes explicitly provide that adoption cuts off the rights of inheritance from natural relatives. The only exception cited is when a child is adopted by a spouse of a natural parent. 1

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Bluebook (online)
457 N.W.2d 789, 1990 Minn. App. LEXIS 694, 1990 WL 97047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-carlson-minnctapp-1990.