In re Estate of Vaughan

740 N.E.2d 259, 90 Ohio St. 3d 544
Ohio Supreme Court·Decided January 17, 2001·No. No. 99-2203·Published·Cited by 4 cases

Opinions

Douglas, J.

In 1980, Deborah Ferrante filed in the Juvenile Court of Cuyahoga County a paternity proceeding against William R. Vaughan to establish that Vaughan was the father of Ferrante’s daughter, Angel N. Vaughan.1 At a [545]*545hearing held on October 10, 1980, Vaughan entered a plea denying that he was Angel’s father. Subsequently, on March 24,1981, Vaughan withdrew his plea and entered a plea acknowledging paternity. An order was entered by the juvenile court determining Vaughan to be the father of Angel, and judgment was rendered requiring Vaughan to pay Ferrante her necessary expenses for pregnancy and childbirth, together with her previous and current child care costs for Angel.

On April 16,1981, Vaughan filed objections in regard to the maternity and child support expenses. The objections were overruled on April 20,1981. On April 28, 1981, Ferrante filed a motion to show cause, a motion to modify arrearage, and a motion to reduce arrearage to judgment. These matters were scheduled for a hearing on June 4,1981. Vaughan died intestate on May 23,1981. As a result of Vaughan’s death, the juvenile court entered an order on June 4, 1981, abating the cause of action and canceling its order awarding Ferrante child care maintenance and support costs.

On July 22, 1981, Vaughan’s mother, appellee Jacqueline L. Bradshaw, filed with the Cuyahoga County Court of Common Pleas, Probate Division, an application to administer her son’s estate. Bradshaw identified herself and Angel as heirs to Vaughan’s estate. On August 5, 1981, the court appointed Bradshaw as administrator of Vaughan’s estate and further ordered that a fiduciary’s bond be posted. Appellee Safeco Insurance Company of America, as surety for Bradshaw, provided bonds in the amount of $71,000.

[546]*546On September 8, 1981, Ferrante filed an application requesting that the probate court appoint her as guardian of Angel. Upon the posting of the proper bond, Ferrante was appointed as Angel’s guardian.

On January 19, 1982, Ferrante filed her final account as fiduciary. In this account Ferrante requested that she be discharged from her duties as guardian of Angel and that the guardianship be terminated. Ferrante indicated to the probate court that the guardianship was originally set up to distribute funds to Angel from the estate of Angel’s deceased father. However, in support of her request to terminate the guardianship, Ferrante conceded to the probate court that Angel, being the illegitimate child of Vaughan, was not entitled to receive funds from his estate.

Thereafter, on February 22, 1982, Bradshaw, in her capacity as administrator, moved the probate court to correct the list of heirs of Vaughan by deleting Angel as an heir and declaring herself as the sole beneficiary of her son’s estate.

Subsequently, on March 8, 1982, the probate court granted Ferrante’s request for discharge as Angel’s guardian and terminated the guardianship. Then, on March 15, 1982, Bradshaw’s motion to amend the list of heirs was granted and the probate court found her to be the sole heir at law of Vaughan’s estate. Vaughan’s estate was thereafter settled, and on September 20, 1982, the probate court discharged Bradshaw and Safeco.

Almost sixteen years later, on May 13, 1998, appellant, Angel Vaughan, having reached the age of majority, filed in the Probate Division of the Court of Common Pleas of Cuyahoga County a motion to reopen the estate of William Vaughan. Appellant petitioned the probate court to reopen her deceased father’s estate and to vacate the judgment entry of March 15, 1982, amending the list of heirs. Appellant also moved the court for, among other relief, an order surcharging Bradshaw as former administrator of Vaughan’s estate and Safeco as her surety.

After a hearing before a magistrate of the probate court, the magistrate recommended that appellant’s motion to reopen the estate be denied on the basis of res judicata. By entries dated December 9, 1998, the trial court accepted the magistrate’s recommendation and adopted the magistrate’s findings and conclusions as its own.

On appeal, the Court of Appeals for Cuyahoga County, albeit for different reasons, affirmed the trial court’s decision overruling appellant’s motion to reopen the estate and for other relief.

This cause is now before the court upon the allowance of a discretionary appeal.

The primary issue for our consideration is whether a juvenile court admission of paternity pursuant to former R.C. 3111.17 is the equivalent of a probate court [547]*547legitimation in accordance with former R.C. 2105.18. We are asked to decide whether William Vaughan’s juvenile court admission of paternity conferred rights of inheritance upon appellant and thereby established her as the sole heir of Vaughan’s estate.

Former R.C. 2105.18 set forth the procedure whereby the natural father of a child born out of wedlock could confer upon that child a right of inheritance from the father by the father’s acknowledgement of paternity in a county probate court. The version of R.C. 2105.18 applicable to this matter provided:

“When a man has a child by a woman and before or after the birth intermarries with her, the child is legitimate. The issue of parents whose marriage is null in law are nevertheless legitimate.

“The natural father of a child may file an application in the probate court of the county in which he resides, in the county in which the child resides, or the county in which the child was born, acknowledging that the child is his, and upon consent of the mother, or if she is deceased or incompetent, or has surrendered custody, upon the consent of the person or agency having custody of the child, or of a court having jurisdiction over the child’s custody, the probate court, if satisfied that the applicant is the natural father, and that establishment of the relationship is for the best interest of the child, shall enter the finding of fact upon its journal, and thereafter the child is the child of the applicant, as though born to him in lawful wedlock.” Am.Sub.H.B. No. 1, 137 Ohio Laws, Part I, 1412, 1496.

Appellant contends that Vaughan’s open-court admission in juvenile court that he was her biological father resulted in the adjudication of the natural parent-child relationship and vested appellant with rights of inheritance by and through her father. We disagree.

Ohio law in the early 1980s established that only in certain circumstances could a child born out of wedlock inherit from the natural father. The law that was in effect at the outset of this dispute regarding such matters was clear. A child bom out of wedlock could obtain rights of inheritance from the natural father in a number of ways. For instance, the natural father could designate the child as his heir at law (R.C. 2105.15), the natural father could adopt the child, or the natural father could provide for the child in his will. See Brookbank v. Gray (1996), 74 Ohio St.3d 279, 282, 658 N.E.2d 724, 727.

Further, and relevant to the question before us, Ohio’s statutory scheme of descent and distribution, specifically former R.C. 2105.18, provided two additional methods whereby a father could legitimate a child of his born out of wedlock. The first method was intermarriage of the natural parents of a child born out of wedlock. The second required that the natural father, with the consent of the mother, formally acknowledge in probate court that he was the father of the child.

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In re Estate of Vaughan, 740 N.E.2d 259, 90 Ohio St. 3d 544 (Ohio 2001).

740 N.E.2d 259 (In re Estate of Vaughan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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