In re the Estate of Nelson

901 N.W.2d 234, 2017 WL 3863989, 2017 Minn. App. LEXIS 106
CourtCourt of Appeals of Minnesota
DecidedSeptember 5, 2017
DocketA16-1545; A16-1546
StatusPublished
Cited by1 cases

This text of 901 N.W.2d 234 (In re the Estate of Nelson) 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 the Estate of Nelson, 901 N.W.2d 234, 2017 WL 3863989, 2017 Minn. App. LEXIS 106 (Mich. Ct. App. 2017).

Opinion

OPINION

KALITOWSKI, Judge

Appellants challenge the district court’s order in this probate dispute, arguing that the district court erred in applying the parentage act’s paternity presumption to exclude them as heirs as a matter of law.

FACTS

Decedent Prince Rogers Nelson was born on June 7, 1958. Decedent’s Certificate of Birth lists- his parents as Mattie Della, Shaw and John L. Nelson. Mattie Della Shaw and John L. Nelson married in 1957 and divorced in 1968. The district court identified decedent and Tyka Nelson as children of Mattie Della Shaw and John L. Nelson in their marriage-dissolution proceeding. John L. Nelson died on August 25, 2001. Probate records identify decedent, Lorna Nelson, Sharon Blakely, Norrine Nelson, John R. Nelson, and Tyka Nelson as the children of John L. Nelson.

Decedent died on April 21, 2016, in Chanhassen, Minnesota. On April 26, Tyka Nelson filed a “Petition for Formal Appointment of Special Administrator” regarding decedent’s estate. The petition alleged that Tyka Nelson is a sibling of decedent and that John R. Nelson, Nor-rine Nelson, Sharon Nelson, Alfred Jack[237]*237son, Omarr Baker, and Lorna Nelson are half-siblings of decedent.1 The district court granted Tyka Nelson’s petition and appointed Bremer Trust the special administrator of decedent’s estate.2

On May 6, the district court authorized the genetic testing of decedent’s blood. On May 18, the district court established a procedure for the genetic testing of persons claiming to be heirs of decedent. Under the procedure, any party claiming a genetic relationship to decedent that may give rise to heirship was required to file an affidavit with the district court “setting forth the facts that establish the reasonable possibility of the existence of such a relationship.” The district court directed the special administrator to develop a protocol for genetic testing, “after considering the positions of the parties claiming a genetic relationship.” In considering the positions of the parties claiming a genetic relationship, the district court instructed the special'administrator to consider “the Affidavit, any birth records or Recognition of Parentage, or any other information that establishes a presumption of parentage or án adverse presumption.”

On June 6, the district court approved the special, administrator’s proposed “Protocol Prior to Potential Genetic Testing.” The protocol provided that any party claiming a genetic relationship to the decedent that may give rise to heirship was required to submit an affidavit and completed “Request for Parentage Information” questionnaire.

Between June 10 and 16, appellants Darcell Gresham Johnston, Loya Janel Wilson, Loyal James Gresham III, and Orrine Gresham (Gresham appellants) and Venita Jackson Leverette submitted affidavits of heirship and parentage information questionnaires to the special administrator pursuant to the protocol. Gresham appellants claimed that they were half-siblings of decedent through Loyal James Gresham Jr., who they alleged was decedent’s father. Leverette claimed that she was a half-sibling of decedent through Alfred Jackson, who she alleged was decedent’s father.

The special administrator rejected the appellants’ claims. The special administrator found that “[b]ecause they were married when Decedent was bom, Mattie Della (Shaw) ... and John Lewis Nelson .,. are presumed to be Decedent’s genetic parents” and that none of the appellants can challenge that presumption now. The special administrator reasoned that because appellants’ claims were “dependent upon another person other than John [L. Nelson] being determined to be Decedent’s father” and appellants cannot challenge the presumption that John L. Nelson was decedent’s father, appellants were not eli‘gible for genetic testing. Following a hearing regarding the special administrator’s protocol, the district court excluded appellants as heirs as a matter of law.3 The district court reasoned that because “John L. Nelson is the presumed, genetic and adjudicated father of the Decedent and, as the applicants have neither met the standing or timeliness requirements to rebut the presumption of paternity,” appellants “are not, as a matter of law, intestate heirs of [238]*238the Decedent.” Gresham appellants and Leverette appealed separately and this court consolidated their appeals.

ISSUES

I. Did the district court err in applying the Minnesota Parentage Act to exclude appellants as heirs as a matter of law?

II. Does the protocol prior to potential genetic tests violate the Equal Protection Clauses of the U.S. and Minnesota Constitutions?

ANALYSIS

I.

Appellants argue that the district court erred by using a paternity presumption under the Minnesota Parentage Act to determine that appellants are not heirs of decedent as a matter of law under the Uniform Probate Code.

“Statutory interpretation presents a question of law, which [appellate courts] review de novo.” Staab v. Diocese of St. Cloud, 853 N.W.2d 713, 716 (Minn. 2014). The goal of statutory interpretation is “to ascertain and effectuate the intention of the legislature.” Minn. Stat. § 645.16 (2016); Founders Ins. Co. v. Yates, 888 N.W.2d 134, 136 (Minn. 2016). When interpreting a statute, appellate courts “read and construe the statute as a whole, giving effect wherever possible to all of its provisions, and interpreting each section in light of the surrounding sections to avoid conflicting interpretations.” Eclipse Architectural Grp., Inc. v. Lam, 814 N.W.2d 692, 701 (Minn. 2012) (quotation omitted). “Where the legislature’s intent is clearly discernable from plain and unambiguous language, statutory construction is neither necessary nor permitted and courts apply the statute’s plain meaning.” Am. Tower, L.P. v. City of Grant, 636 N.W.2d 309, 312 (Minn. 2001).

The probate code provides that a decedent’s “intestate estate passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except as modified by the decedent’s will.” Minn. Stat. § 524.2-101 (2016). There is no dispute in this case that the decedent does not have a will and that the probate code governs the determination of decedent’s heirs. Under the probate code, the estate of a decedent who does not have a surviving spouse first passes to the decedent’s descendants. Minn. Stat. § 524.2-103 (2016). If the decedent does not have surviving descendants, the estate passes to the decedent’s parent or parents. Id. If the decedent does not have a surviving descendant or parent, the estate-passes “to the descendants of the decedent’s parents or either of them by representation.” Id.

Appellants claim that they are descendants of one of the decedent’s parents. Gresham appellants assert that they are half-siblings of decedent through Loyal James Gresham Jr., while Leverette asserts that she is a half-sibling of decedent through Alfred Jackson. Thus, appellants claim that decedent’s biological father is someone other than John L. Nelson, the parent from whom John R.

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Cite This Page — Counsel Stack

Bluebook (online)
901 N.W.2d 234, 2017 WL 3863989, 2017 Minn. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-nelson-minnctapp-2017.