Marzan v. Kovacs

143 Wash. 2d 412, 2001 WL 360591
CourtWashington Supreme Court
DecidedApril 12, 2001
DocketNo. 69386-2
StatusPublished
Cited by6 cases

This text of 143 Wash. 2d 412 (Marzan v. Kovacs) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marzan v. Kovacs, 143 Wash. 2d 412, 2001 WL 360591 (Wash. 2001).

Opinion

Johnson, J.

The issue in this case is whether under Washington’s intestate law (RCW 11.04.015) a biological parent who permanently terminated a parent-child relationship can inherit from her biological child if the child was never adopted. We are also asked to determine whether a person can inherit from his or her deceased sibling when their common biological parent has terminated the parent-child relationship. The Court of Appeals found neither the biological mother nor her son was entitled to inherit. We affirm.

[415]*415FACTS

Thomas A. Fleming (Thomas) was born to Margaret Fleming (Fleming) in 1946. Paternity was never established. Fleming decided to give up her son for adoption. In 1947, the King County Juvenile Court entered a parental termination order stating Fleming was “permanently deprived of any and all maternal rights and interests in and to the said Baby Boy Fleming.” Clerk’s Papers at 72. The order also placed Thomas into the permanent custody of the Catholic Charities of the Diocese of Seattle, authorizing that organization to consent to his adoption. Thomas was never adopted. The parent-child relationship between Thomas and Fleming was never reestablished.

Thomas died intestate in 1996. He was not married and had no children. Two biological relatives survived Thomas—his biological mother and his half-brother, Antonio Marzan, who was born to Fleming after she terminated her parental rights to Thomas.

In 1998, Judith Kovacs, the personal administrator of Thomas’ estate, filed a petition for determination of heir-ship. Kovacs asked the court to find Fleming and Marzan were not entitled to inherit from Thomas because by court order all maternal rights had been terminated. She argued Thomas’ estate should escheat to the State of Washington because he died intestate without any legal heirs.

Fleming and Marzan filed a response and objection to the petition. The superior court commissioner agreed with Kovacs and ruled the estate escheats to the State because Thomas was without legal heirs. The commissioner found the 1947 order terminating Fleming’s maternal rights to Thomas also extinguished her right to inherit intestate, and Marzan could not inherit from Thomas because there was no longer a common ancestor between them.

Fleming died soon after the commissioner ruled. Marzan was appointed personal representative of her estate. After her death, Marzan continued to assert a claim to Thomas’ estate, filing a motion in superior court to revise [416]*416the ruling of the commissioner. The superior court upheld the commissioner’s order. Marzan appealed to the Court of Appeals, which affirmed the superior court’s ruling. In re Estate of Fleming, 98 Wn. App. 915, 991 P.2d 128 (2000). We granted discretionary review. We review the issues de novo. In re Estate of Baird, 131 Wn.2d 514, 517-18, 933 P.2d 1031 (1997) (questions of statutory interpretation are reviewed de novo).

ANALYSIS

As stated above, two issues are presented: (1) whether Fleming is entitled to inherit as Thomas’ biological parent even though she terminated her parental rights; and (2) whether Marzan is entitled to inherit as Thomas’ half-brother. We first address the question of whether Fleming has a right to inherit intestacy from Thomas.

We begin with two inquires: (1) what is Fleming’s legal status in relation to Thomas as a result of the 1947 parental termination order; and (2) is a person of such status entitled to an intestate distribution under RCW 11.04.015. The first question is controlled by the law in effect in 1947 when the termination order was issued. The second question is controlled by the law in effect at the time of Thomas’ death in 1996. See In re Estate of Wiltermood, 78 Wn.2d 238, 472 P.2d 536 (1970) (a person’s right to inherit intestate is determined by the law in effect at the time of deceased death).

The order terminating Fleming’s parental rights was issued under Rem. Rev. Stat. § 1700, which governed the surrender of a child to a charitable society for purposes of receiving, caring for, or placing the child out for adoption. This statute was in effect at the time of the court ordered surrender of Thomas. The statute provided when a parent surrendered a child to a charitable organization, “the rights of its natural parents or of the guardian of its person (if any) shall cease and such corporation shall become entitled to the custody of such a child.” Rem. Rev. Stat. § 1700(d). Accordingly, the 1947 order approving Fleming’s voluntary [417]*417termination of her parental relationship with Thomas stated she was “permanently deprived of any and all maternal rights and interests in and to the said Baby Boy Fleming.” Clerk’s Papers at 72. Under the express language of the statute and termination order, Fleming lost all of her rights and interests in Thomas in 1947. While the order could not change Fleming’s status as the biological parent of Thomas, it did end her legal status as his parent. Since Fleming never reestablished the parent-child relationship, in the eyes of the law she was not Thomas’ legal parent at the time of his death in 1996.

Although Marzan acknowledges Fleming’s maternal rights were terminated in 1947, he argues the courts cannot necessarily infer this also foreclosed Fleming’s right to inherit from Thomas as an heir. He argues the significant factor here is the common bloodline, not the legal status of their relationship. He asserts the order terminating Fleming’s rights could not disqualify her from inheriting under RCW 11.04.015 because the order did not alter the biological bloodline. Marzan cites to the case law controlling in 1947.1 However, as stated above, we look to the law in effect at the time of Thomas’ death in 1996 to determine who is entitled to an intestate share of his estate. Wiltermood, 78 Wn.2d at 240.

To decide the effect of the termination order on Fleming’s right to inherit, we look to RCW 11.04.015, which governs intestate distribution. That statute states in relevant part:

(2) Shares of others than surviving spouse. The shares of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:
(a) To the issue of the intestate ....
(b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.
[418]*418(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate[.]

RCW 11.04.015(2).

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Related

In Re The Estate Of Deborah E. Reid
Court of Appeals of Washington, 2017
Philippides v. Bernard
88 P.3d 939 (Washington Supreme Court, 2004)
State v. Hall
48 P.3d 350 (Court of Appeals of Washington, 2002)
In Re Estate of Fleming
21 P.3d 281 (Washington Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
143 Wash. 2d 412, 2001 WL 360591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marzan-v-kovacs-wash-2001.