In Re Estate of Renchen

939 N.E.2d 605, 405 Ill. App. 3d 1141, 345 Ill. Dec. 762, 2010 Ill. App. LEXIS 1277
Appellate Court of Illinois·Decided November 30, 2010·No. 3-09-0880·Published·Cited by 1 cases

Opinions

JUSTICE SCHMIDT

delivered the opinion of the court:

In this Supreme Court Rule 308 (155 Ill. 2d R. 308) appeal, we must answer the following question certified by the trial court: whether the finding of paternity in a decree of adoption is dispositive of the paternity of the adopted child when no motion to vacate was timely filed in the adoption case and when thereafter a petition to establish alternative paternity was filed in a collateral probate proceeding. We understand that, in a vacuum, that question makes no sense. Generally speaking, an adoption cuts off both the obligations and rights of a natural father. For purposes of inheritance, an adopted child is the child only of his adoptive parents. However, the legislature has created a statutory exception which provides that a person adopted by a descendent of a natural parent’s grandparent may inherit from both his adoptive and natural parent. 755 ILCS 5/2 — 4(d)(1) (West 2006).

Under the facts of this case, we answer the certified question in the negative.

FACTS

Judith York gave birth to Robert Todd York (Todd) on November 21, 1968, during her marriage to Gary York. Ergo, Gary York was Todd’s presumptive natural father. Judith and Gary later divorced. Judith (now deceased) then married William Renchen. William is a brother to decedent Robert R. Renchen. William and Judith legally adopted Todd. Todd York became Todd Renchen. An adoption order identifies Gary York as Todd’s natural father. The adoption terminated Gary York’s parental rights. Todd has never challenged the adoption or any part of it. No one disputes that William Renchen is Todd’s adoptive and, therefore, legal father.

Robert Renchen, William’s brother, died intestate on April 21, 2007. Todd filed pleadings in the probate court alleging that the decedent, Robert Renchen, was, in fact, his natural father. On June 18, 2007, Todd filed a petition for letters of administration claiming that decedent’s heirs were:

Robert Todd Renchen, son Vera Renchen, mother Richard Renchen, brother Thomas Renchen, brother William Renchen, brother.

On July 16, 2007, Thomas Renchen, another of William’s brothers, filed a petition for letters of administration stating that the heirs of Robert R. Renchen were:

Vera Renchen, mother Richard Renchen, brother Thomas Renchen, brother William Renchen, brother.

Also on July 16, 2007, Thomas and William Renchen filed a motion to strike Todd’s petition for letters of administration stating that Todd was adopted on February 8, 1973, in Kankakee County by Judith Renchen, his natural mother, and her husband, William Renchen.

On August 22, 2007, Thomas Renchen, William Renchen and Vera Renchen (appellants) filed a motion for summary judgment stating that Todd was the son of William Renchen by virtue of an adoption in Kankakee County dated February 8, 1973. The motion further stated that: (1) Robert Todd Renchen’s mother, Judith, was married to a Gary York on December 11, 1965; (2) Robert Todd York was born to Gary and Judith York on November 21, 1968; (3) Judith York then divorced Gary York and subsequently married William Renchen; (4) William and Judith Renchen then filed a petition to adopt Robert Todd York and that petition was granted on February 8, 1973; and (5) Robert Todd York was decreed the adopted child of William and Judith Renchen and the child’s name was changed to Robert Todd Renchen. Attached to the motion was an affidavit of Judith Renchen and a copy of the decree of adoption. The motion also stated that this order of adoption was dispositive of the paternity of Todd.

On August 1, 2007, Todd filed a motion for summary judgment claiming that he was the natural son of decedent Robert R. Renchen. He attached a DNA test report in support of his motion. On January 9, 2008, Todd filed a counterpetition to determine the existence of a parent-child relationship. We should note that Todd makes reference to the supporting record in his brief. However, the only record filed with this court is 10 pages which include: Todd’s two-page motion for summary judgment and which are marked with an “exhibit 1” sticker; the petition for letters of administration filed by Todd in the circuit court; a two-page affidavit of Richard Renchen; a copy of the decree for adoption; and the DNA test report.

Appellants filed a motion for involuntary dismissal of Todd’s counterpetition. Further, they filed a motion to strike Todd’s motion for summary judgment as to heirship.

On December 5, 2008, the court denied all motions. Thereafter, on motion of the appellants, the trial court certified the above-mentioned question. On October 20, 2009, we granted appellants’ motion for leave to appeal pursuant to Supreme Court Rule 308. 155 111. 2d R. 308.

ANALYSIS

Appellants request that we both answer the certified question and reverse the trial court’s denial of their motions. However, the scope of review of an interlocutory appeal brought under Illinois Supreme Court Rule 308 is strictly limited to the certified question. In re Estate of Williams, 366 Ill. App. 3d 746, 748, 853 N.E.2d 79 (2006). As the question certified by the trial court must be a question of law, the applicable standard of review is de nova. Barbara’s Sales, Inc. v. Intel Corp., 227 Ill. 2d 45, 58, 879 N.E.2d 910 (2007).

The question before us is whether the finding of paternity in a decree of adoption is dispositive as to the adopted child when no motion to vacate was timely filed in the adoption case and when, thereafter, a petition to establish alternative paternity was filed in a collateral probate proceeding. The parties agree that the ultimate issue is heirship.

In the case at bar, Robert R. Renchen died intestate. Todd Renchen filed a petition for letters of administration claiming that he was the son of Robert R. Renchen. He filed various other pleadings, all related to his claim that he is the biological son of Robert. Evidence submitted in support of a motion for summary judgment included DNA test results from DDC DNA Diagnostics that allegedly indicate a 99.995% probability that decedent is the father of Todd Renchen.

Todd Renchen argues that he was adopted by William Renchen “a descendant of the great-grandparent of the child.” Therefore, he may inherit from the decedent’s estate. The Probate Act of 1975 (Probate Act) states:

“(d) For purposes of inheritance from or through a natural parent and for determining the property rights of any person under any instrument, an adopted child is not a child of a natural parent, *** unless one or more of the following conditions apply:

(1) The child is adopted by a descendent or a spouse of a descendent of a great-grandparent of the child, in which case the adopted child is a child of both natural parents.” 755 ILCS 5/2 — 4(d)(1) (West 2006).

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In Re Estate of Renchen, 939 N.E.2d 605, 405 Ill. App. 3d 1141, 345 Ill. Dec. 762, 2010 Ill. App. LEXIS 1277 (Ill. Ct. App. 2010).

939 N.E.2d 605 (In Re Estate of Renchen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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In Re Estate of Renchen
939 N.E.2d 605 (Appellate Court of Illinois, 2010)