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In re Estate of Garrett

Because there was no determination of paternity during child's lifetime, natural father could not inherit from his illegitimate child.

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Winifred Stoney, administratrix of the estate of Douglas J. Garrett, appeals from a probate court order ruling that William Phillips was Garrett’s natural father and is therefore entitled to inherit from him. Because no determination of paternity was made during Garrett’s lifetime, we reverse.

Garrett was born out of wedlock.1 He died in 1997, apparently intestate. While administering Garrett’s estate, Stoney learned that Phillips claimed to be Garrett’s natural father. Stoney filed a Petition to Determine Heirs at Law. After holding two hearings on the matter, a hearing officer of the probate court issued an order finding that Phillips was Garrett’s father and one of his legal heirs.

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