Estate of Seward

A man asserted in a probate proceeding that he was the decedent’s son and requested a paternity determination. The personal representative opposed the request, arguing that a paternity determination could not be made in a probate proceeding and that this particular paternity determination was barred by a statute of limitations. The superior court agreed that probate proceedings were not appropriate for paternity determinations and rejected the man’s request, but it did not rule on the statute of limitations issue. The court later determined that the man was not an interested person to the probate proceeding and barred him from further participation. On appeal, the Alaska Supreme Court disagreed a probate hearing was not appropriate for a paternity determination, and a request for one during a probate proceeding was not barred by any statute of limitations. Therefore, the Court reversed the probate court and remanded for further proceedings. View "Estate of Seward" on Justia Law