In Re Estate of Keathley

242 S.W.3d 223, 367 Ark. 568, 2006 Ark. LEXIS 547
CourtSupreme Court of Arkansas
DecidedNovember 2, 2006
Docket06-633
StatusPublished
Cited by8 cases

This text of 242 S.W.3d 223 (In Re Estate of Keathley) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas 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 Keathley, 242 S.W.3d 223, 367 Ark. 568, 2006 Ark. LEXIS 547 (Ark. 2006).

Opinion

Donald L. Corbin, Justice.

Appellant Robert Shelton appeals the White County Circuit Court’s order granting summary judgment in favor of Appellees Harold K. Keathley, a/k/a Kelton Keathley, and the Unknown Heirs of Harold E. Keathley (collectively known as “Kelton”). On appeal, Shelton raises three points for reversal: the trial court erred in (1) holding that Ark. Code Ann. § 28~9-209(d) (Repl. 2004) was applicable and controlled the present case; (2) granting summary judgment because genuine issues of fact exist on the counts filed against Kelton that are unrelated to a claim against the estate; and (3) finding that Kelton had no duty to inform Shelton of Harold E. Keathley’s death. Because this case involves issues needing clarification of the law, our jurisdiction is proper pursuant to Ark. Sup. Ct. R. l-2(b)(5). We find no error and affirm.

This is a probate matter arising after the December 22,1993, death of Harold E. Keathley (the decedent). At the date of his death, a valid will existed; however, it was not probated nor was an estate opened. On January 24, 2005, Shelton filed a petition for determination of heirship and a complaint for constructive trust and constructive fraud against Kelton. In this suit, Shelton maintained that he was the illegitimate child of the decedent. Kelton answered the complaint and filed a motion for summary judgment asserting that, pursuant to section 28-9-209 (d), the statute of limitations had expired as to Shelton’s claim.

On May 18, 2005, Shelton filed his first amended and substituted petition and complaint. In response, Kelton filed a second motion for summary judgment. On July 7, 2005, Shelton filed his second amended and substituted petition. The next day the trial court denied Kelton’s motion for summary judgment, finding that section 28-9-209 did not apply because there was no prior probate of the decedent’s estate, and there is not a statute of limitations on a determination of heirship until there is an event that would affect an heir’s pecuniary interests.

On January 12, 2006, Kelton filed a motion for reconsideration. In this motion, he argued that he was entitled to reconsideration of the July 8 order denying his motion for summary judgment based on this court’s application of section 28-9-209(d) and its holding in Burns v. Estate of Noel Cole, 364 Ark. 280, 219 S.W.3d 134 (2005). On February 14, 2006, after reviewing Kelton’s motion for reconsideration and Burns, the trial court granted summary judgment and dismissed Shelton’s petition and amended petitions. This order found that section 28-9-209(d) was applicable and controlling. Furthermore, the court found that Shelton failed to file or assert a claim within 180 days from the decedent’s death or within 180 days of his discovery of the decedent’s death and Shelton’s possible relation. The court also found that there was no compliance with any of the six conditions of section 28-9-209(d) and that Kelton did not have a duty to inform Shelton of the decedent’s death. This appeal followed.

Shelton’s first argument on appeal is that the trial court erred in holding that section 28-9-209(d) was applicable and controlling in this case. Specifically, Shelton argues that the lawsuit was brought against Kelton, pursuant to Ark. Code Ann. § 28-39-407(b) (Repl. 2004), in Shelton’s capacity as a pretermitted child. Moreover, Shelton asserts that because no claim was ever made against the decedent’s estate, section 28-9-209(d) does not apply; therefore, he was not required to comply with the 180-day time limitation. On the other hand, Kelton argues that the trial court did not err because, essentially, Shelton is seeking to recover a portion of the estate’s property held by Kelton. Thus, he asserts, the issue is nothing more than an application of the statutes to determine if the trial court properly relied upon section 28-9-209(d) in granting the motion for summary judgment and dismissing Shelton’s case.

We review probate proceedings de novo and we will not reverse the decision of the probate court unless it is clearly erroneous. Burns, 364 Ark. 280, 219 S.W.3d 134. Similarly, we review issues of statutory construction de novo as it is for this court to decide what a statute means. Id. We will not reverse absent the showing that the trial court erred in its interpretation. Id. In the present case, we are also called upon to review an entry of summary judgment based upon the trial court’s application of section 28-9-209 (d). The standard of review when summary judgment has been granted is well settled:

[S]ummary judgment is to be granted by a trial court only when it is clear that there are no genuine issues of material fact to be litigated, and the party is entitled to judgment as a matter of law. Smith v. Brt, 363 Ark. 126, 211 S.W.3d 485 (2005); Dodson v. Taylor, 346 Ark. 443, 57 S.W.3d 710 (2001). Once the moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. Id. On appellate review, we determine if summary judgment was appropriate based on whether the evidentiary items presented by the moving party in support of the motion leave a material fact unanswered. Id. We view the evidence in a light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party. Id. Our review focuses not only on the pleadings, but also on the affidavits and other documents filed by the parties. Id.

City of Farmington v. Smith, 366 Ark. 473, 237 S.W.3d 1 (2006).

As stated above, Shelton argues that because he sought to recover assets from Kelton as a pretermitted child, pursuant to section 28-39-407(b), he cannot be subjected to the 180-day limitation of section 28-9-209(d). This argument is without merit.

Section 28-39-407(b) states, in relevant part:

Pretermittted Children. If, at the time of the execution of a will, there is a living child of the testator ... whom the testator shall omit to mention or provide for, either specifically or as a member of a class, the testator shall be deemed to have died intestate with respect to the child or issue. The child or issue shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she or they would have inherited had there been no will.

Pursuant to Ark. Code Ann. § 28-l-102(a)(l) (Repl. 2004), the term “child,” as used in the Probate Code, means “a natural or adopted child, but does not include ... an illegitimate child except such as would inherit under the law of descent and distribution[.]” (Emphasis added.) In reading section 28-l-102(a)(l) in conjunction with section 28-39-407(b), it is clear that an illegitimate, pretermitted child is only able to inherit as he would under the law of descent and distribution. Section 28-9-209(d) governs an illegitimate child’s ability to inherit from his or her father and provides, in relevant part:

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Bluebook (online)
242 S.W.3d 223, 367 Ark. 568, 2006 Ark. LEXIS 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-keathley-ark-2006.