Estate of Seward

The Alaska Supreme Court disagreed with the probate master and superior court’s underlying conclusion that a paternity determination could not be made in estate proceedings, or that a laches defense could apply in this context. A decedent left a will stating he had no children. But during probate proceedings a man in his early 30s claimed to be the decedent’s son, requested genetic testing on the decedent’s cremated remains, and filed numerous motions in an attempt to share in the decedent’s estate. The man’s mother also filed numerous motions in the proceedings, claiming to be a creditor of the decedent’s estate and seeking recovery of child support from the man’s birth to his 18th birthday. After previously signing orders denying the motions based on the probate master’s reasoning that paternity determinations may not be made in estate proceedings, the superior court ultimately ruled that: (1) laches barred the man’s and his mother’s efforts to establish paternity; and (2) because paternity had not been established, neither the man nor his mother had standing to pursue a claim in the estate proceedings. Despite disagreeing with these findings, the Supreme Court nonetheless affirmed the superior court’s decision with respect to the man’s mother on the alternative ground that her putative creditor claim: the only basis by which she could be an interested person in the estate proceedings unquestionably was barred by the applicable statute of limitations. But if the man proved to be the decedent’s son he had, at a minimum, certain statutory rights that: (1) may be established through declaratory judgment in the probate proceedings; and (2) might not be barred by a statute of limitations. Because the statute of limitations defense to the man’s claim was briefed only in limited fashion in the superior court and was not ruled on by that court, and because the issue has not been adequately briefed to the Supreme Court, the Court asked for supplemental briefing be filed to assist it in resolving whether a statute of limitations may bar the man’s recovery from the estate. View "Estate of Seward" on Justia Law