In Re the Estate of Jotham

722 N.W.2d 447, 2006 Minn. LEXIS 708, 2006 WL 2884539
CourtSupreme Court of Minnesota
DecidedOctober 12, 2006
DocketA05-438
StatusPublished
Cited by10 cases

This text of 722 N.W.2d 447 (In Re the Estate of Jotham) is published on Counsel Stack Legal Research, covering Supreme Court 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 the Estate of Jotham, 722 N.W.2d 447, 2006 Minn. LEXIS 708, 2006 WL 2884539 (Mich. 2006).

Opinions

OPINION

ANDERSON, PAUL H„ Justice.

This case involves a probate proceeding arising out of the death of respondent Diann Nelson’s father, Leonard Jotham. Nelson seeks, for purposes of determining intestate succession, to introduce evidence to rebut the presumption that Jotham is the father of appellant Sandra Barnett, which presumption is found in section 257.55, subdivision 1, of Minnesota’s Parentage Act. Minn.Stat. § 257.55, subd. 1 (2004). The district court concluded that the statute of limitations in Minn.Stat. § 257.57, subd. 1(b) (2004), bars Nelson from challenging the paternity presumption and declared Barnett to be Jotham’s heir as a matter of law. The court of appeals reversed, holding that the district court erred by failing to consider evidence Nelson offered to rebut the presumption that Jotham is Barnett’s father. In re Estate of Jotham, 704 N.W.2d 210, 215 (Minn.App.2005). We reverse the court of appeals and remand.

The parties stipulated to the essential facts of this case. Leonard Jotham married Margaret Jotham in 1942, and Diann Nelson was born to Margaret Jotham during this marriage. Leonard and Margaret Jotham were divorced in 1947. Sandra Barnett was born to Margaret Jotham 279 days after the judgment of divorce was entered. Barnett’s birth certificate identifies Leonard Jotham as her father, but there has been no judicial determination of Jotham’s paternity of Barnett, and the parties agreed that Jotham did not acknowledge paternity in writing.

Leonard Jotham, who did remarry, died intestate on June 8, 2004. His widow filed a Petition for Formal Adjudication of Intestacy, Determination of Heirs, and Appointment of Administrator in which she named herself as Jotham’s surviving spouse and Nelson and Barnett as his daughters. Nelson objected to the petition, contending that Jotham is not Barnett’s father, and thus Barnett is not entitled to share in Jotham’s estate.

The parties stipulated to certain facts, and Nelson offered to introduce evidence that Jotham is not Barnett’s father. After a hearing on Nelson’s objections, the district court issued an order in which it concluded that Jotham is Barnett’s father as a matter of law, and thus Barnett is entitled to inherit from Jotham’s estate. The court based its conclusion on the presumption of paternity set forth in Minn. Stat. § 257.55, subd. 1(a), of Minnesota’s Parentage Act, which provides that a man is presumed to be the father of a child born to the man’s former wife within 280 days of the termination of their marriage.1 [450]*450Applying this presumption, the court determined that Barnett is presumed to be Jotham’s child because she was born within 280 days of Jotham’s divorce from Margaret Jotham. The court concluded that it could not consider the evidence offered by Nelson to rebut this presumption because Nelson’s challenge to Jotham’s paternity of Barnett is barred by the three-year statute of limitations in Minn.Stat. § 257.57, subd. 1(b). Section 257.57, subdivision 1, provides in pertinent part:

A child, the child’s biological mother, or a man presumed to be the child’s father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action: * * *
(b) For the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child’s birth.

Nelson appealed the district court’s order, and the court of appeals reversed. Jotham, 704 N.W.2d at 210, 215. While the court of appeals agreed that the presumption in section 257.55, subdivision 1(a), applies to this case, the court held that the district court erred by concluding that it could not consider the evidence Nelson offered to rebut the presumption. Id. at 215. The court of appeals reasoned that the statute of limitations in section 257.57, subdivision 1(b), by its plain language only limits the time in which “an action to declare the nonexistence of a father-child relationship” may be brought. Id. at 213-14; see Minn.Stat. § 257.57, subd. 1(b). Because the case at bar was not an action brought under section 257.57 (2004), but rather a probate proceeding in which, as the court of appeals characterized it, a party sought to defensively rebut a presumption of paternity, the court concluded that the limitations period of section 257.57 did not apply. Jotham, 704 N.W.2d at 213-14. The court also observed that another section of the Parentage Act, Minn.Stat. § 257.55, subd. 2 (2004), authorizes rebuttal of a paternity presumption “in an appropriate action,” without limiting “an appropriate action” to one brought under the Parentage Act. Id. at 214. We granted Barnett’s petition for review on the issue of whether Minn.Stat. § 257.57 bars Nelson’s attempt to rebut the presumption of Jotham’s paternity of Barnett for purposes of intestate succession.

I.

The construction of a statute is a question of law, subject to de novo review by our court. In re Estate of Palmer, 658 N.W.2d 197, 199 (Minn.2003). The goal of statutory construction is “to ascertain and effectuate the intention of the legislature.” Minn.Stat. § 645.16 (2004). A court must construe the words of a statute according to their plain meaning. River Valley Truck Ctr., Inc. v. Interstate Cos., 704 N.W.2d 154, 161 (Minn.2005). If the meaning of the words of a statute is not clear, a court construes the statute by considering the intent of the legislature in drafting the law. Minn.Stat. § 645.16 (2004). Uniform laws are construed to effectuate their purpose of making uniform the laws of the states in which they are enacted. Minn.Stat. § 654.22 (2004).

The Minnesota Probate Code gives district courts “jurisdiction over all subject matter relating to estates of decedents, including * * * determination of heirs and successors of decedents.” Minn.Stat. § 524.1-302(a) (2004). The Probate Code recognizes that cases may arise in which a [451]*451parent-child relationship must be established in order to determine heirship for purposes of intestate succession. Minn. Stat. § 524.2-114 (2004) (amended 2005). In cases not involving adoption, the Code provides that “a person is the child of the person’s parents regardless of the marital status of the parents and the parent and child relationship may be established under the Parentage Act, sections 257.51 and 257.74.” Minn.Stat. § 524.2-114.

Minnesota’s Parentage Act, Minn.Stat. §§ 257.51-257.74 (2004), was adopted in 1980 and is modeled on the Uniform Parentage Act. Morey v. Peppin, 375 N.W.2d 19, 22 (Minn.1985). Minnesota’s Parentage Act creates causes of action for individuals seeking to establish the existence or nonexistence of a father-child relationship. Minn.Stat. § 257.57.

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In Re the Estate of Jotham
722 N.W.2d 447 (Supreme Court of Minnesota, 2006)

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Bluebook (online)
722 N.W.2d 447, 2006 Minn. LEXIS 708, 2006 WL 2884539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-jotham-minn-2006.