Jenkins v. Jenkins

990 So. 2d 807, 2008 WL 4212437
CourtCourt of Appeals of Mississippi
DecidedSeptember 16, 2008
Docket2007-CA-01166-COA
StatusPublished

This text of 990 So. 2d 807 (Jenkins v. Jenkins) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenkins v. Jenkins, 990 So. 2d 807, 2008 WL 4212437 (Mich. Ct. App. 2008).

Opinion

990 So.2d 807 (2008)

Willena JENKINS, In Her Capacity as Adminstratrix of the Estate of Janice Kaye Jenkins, Deceased, Appellant,
v.
Demarcus Deante JENKINS, Appellee.

No. 2007-CA-01166-COA.

Court of Appeals of Mississippi.

September 16, 2008.

*808 Jamie G. Houston, III, Jackson, T. Mack Brabham, attorneys for appellant.

Edwin L. Bean, McComb, attorney for appellee.

Before MYERS, P.J., CHANDLER and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Willena Jenkins, administratrix of the estate of her daughter, Janice Jenkins, appeals the judgment of the Chancery Court of Pike County, which determined that one of Janice's heirs at law, DeMarcus Deante Jenkins, would inherit two shares of the estate. The chancellor found DeMarcus entitled to inherit as both an adopted sibling of the decedent, Janice, and as the surviving child of Janice's predeceased sister. We find no error and affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On January 20, 2007, Janice died intestate in Pike County without a spouse, surviving children, or more remote lineal descendants. Janice had been disabled since March 1999 due to an alleged medical malpractice incident. Since that time, she had been in a persistent vegetative state. A lawsuit over the matter was settled, resulting in a large part of the estate at issue.

¶ 3. At the time of her death, Janice was a ward under a pending conservatorship proceeding in the Chancery Court of Pike County. A decree was entered converting the conservatorship to an administration of Janice's estate and appointing Willena as the administratrix. During the course of the administration of the estate, Willena filed a petition for adjudication of heirship to determine Janice's heirs at law. Proper *809 notice was given to all of Janice's possible heirs. On May 29, 2007, a hearing was held on the petition. The chancery court adjudicated the following individuals to be Janice's heirs-at-law: (1) Willena Jenkins, living mother; (2) Edward Jenkins, Jr., living father; (3) Glenn Edward Jenkins, living brother; (4) Linda Faye Jenkins Adams, living sister; (5) Lisa Michelle Jenkins, living sister; (6) John Ellis Jenkins, living brother; (7) Shirley Rosetta Jenkins, living sister by adoption; and (8) DeMarcus Deante Jenkins, living minor brother by adoption. However, one of Janice's sisters, Stephanie Ann Jenkins, had predeceased her. Stephanie left one living descendant, her minor son and natural child, DeMarcus. However, subsequent to his mother's death, on April 18, 1997, DeMarcus was lawfully adopted by his grandparents, Willena and Edward.[1] According to the parties' stipulation of facts, the adoption decree did not preclude or limit the right of DeMarcus to inherit from the estate of his mother, Stephanie.

¶ 4. Also on May 29, 2007, Willena filed a petition for allowance of certain claims and other relief. Within the petition, Willena requested the chancery court adjudicate the apportionment of the estate as it pertains to DeMarcus because of the unusual situation that had arisen. On the one hand, under the applicable statute regarding intestate succession, each of the enumerated heirs would receive a one-eighth share of Janice's estate. Therefore, DeMarcus would be entitled to inherit the share of his deceased mother, Stephanie. On the other hand, as a result of his adoption by Willena and Edward, DeMarcus would also be entitled to inherit as Janice's adopted brother. Thus, Willena specifically requested the chancellor to determine if DeMarcus would inherit one one-eighth share of the estate or if DeMarcus would inherit two one-ninth shares of the estate.

¶ 5. On June 21, 2007, a hearing was held on the petition, and a final judgment was entered regarding DeMarcus's shares. The chancellor found that Janice's heirs at law would each receive a one-ninth share of her estate, with the exception of DeMarcus, who would receive two one-ninth shares. The chancellor duly noted "the apparent inequity that is resulting" from her judgment but she stated the matter warranted strict statutory construction. Willena subsequently appealed this determination.

STANDARD OF REVIEW

¶ 6. Whether DeMarcus should receive one or two shares of Janice's estate is a question of law. This Court reviews questions of law de novo. Estate of Yount v. McKnight, 845 So.2d 724, 726(¶8) (Miss. Ct.App.2003) (citing Estate of Jones v. Howell, 687 So.2d 1171, 1174 (Miss.1996)).

DISCUSSION

WHETHER THE CHANCERY COURT ERRED IN DETERMINING THAT DEMARCUS WAS ENTITLED TO TWO SHARES OF JANICE'S NET ESTATE.

¶ 7. This case requires that we analyze the statutory framework surrounding the unique factual circumstances, which are undisputed. Both parties agree that the two determinative statutes are Mississippi Code Annotated section 91-1-3 (Rev.2004), which deals with intestate succession of real property,[2] and Mississippi Code Annotated *810 section 93-17-13 (Supp.2007), which relates the effect of adoption on inheritance. However, the parties disagree on the interpretation and outcome of these two statutes when read together.

¶ 8. Section 91-1-3 provides in relevant part that when an individual dies intestate, the following occurs:

When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent's share.

Miss.Code Ann. § 91-1-3. DeMarcus's mother, Stephanie, was the decedent Janice's sister. This statute preserves the right of DeMarcus to inherit his deceased mother's portion of Janice's estate, as his mother's sole descendant. Thus, under this statute, DeMarcus would receive an equal share of Janice's net estate, also divided among Janice's other heirs at law.

¶ 9. The other applicable statute, section 93-17-13 states in part that:

The final decree [of adoption] shall adjudicate, in addition to such other provisions as may be found by the court to be proper for the protection of the interests of the child; and its effect, unless otherwise specifically provided, shall be that (a) the child shall inherit from and through the adopting parents and shall likewise inherit from the other children of the adopting parents to the same extent and under the same conditions as provided for the inheritance between brothers and sisters of the full blood by the laws of descent and distribution of the State of Mississippi....

Miss.Code Ann. § 93-17-13 (emphasis added). This section clearly provides that DeMarcus, as the adopted son of Janice's mother and father (his natural grandparents), would be treated as Janice's adopted brother for inheritance purposes. Because the adoption at issue occurred between related family members, an unusual situation arises, as DeMarcus occupies two positions for inheritance purposes: as the sole heir to his mother's share of Janice's estate through the statutory right of representation, and as Janice's adopted sibling.

¶ 10. Case law in Mississippi is also clear that, in the absence of a statute or decree to the contrary, an adoptive child inherits from both natural and adoptive parents. Sledge v. Floyd, 139 Miss.

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Related

Andrews v. Waste Control, Inc.
409 So. 2d 707 (Mississippi Supreme Court, 1982)
Alack v. Phelps
230 So. 2d 789 (Mississippi Supreme Court, 1970)
Estate of Jones v. Howell
687 So. 2d 1171 (Mississippi Supreme Court, 1996)
In Re Estate of Yount
845 So. 2d 724 (Court of Appeals of Mississippi, 2003)
Warren v. Foster
450 So. 2d 786 (Mississippi Supreme Court, 1984)
Wilbourn v. Hobson
608 So. 2d 1187 (Mississippi Supreme Court, 1992)
Sledge v. Floyd
104 So. 298 (Mississippi Supreme Court, 1925)

Cite This Page — Counsel Stack

Bluebook (online)
990 So. 2d 807, 2008 WL 4212437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-jenkins-missctapp-2008.