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Child must show she is born out of wedlock to inherit

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Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section 29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.

There have been other cases that appear to support the claim a child must show she’s born out of wedlock before application of I.C. Section 29-1-2-7(b), which governs the paternal inheritance to, through, and from children born out of wedlock, but none addressed the issues specifically, noted Judge Nancy Vaidik.

In Victor C. Regalado v. Estate of Joseph Regalado and Paula Heffelfinger, No. 64A05-0911-CV-672, the appellate court unanimously reversed summary judgment for Paula Heffelfinger in Victor Regalado’s petition to determine heirship, which alleged she was not Joseph Regalado’s half-sister. Joseph Regalado received a $15 million settlement from the City of Chicago in 2000 and died intestate in 2004.

His father, Baltasar, had married Heffelfinger’s mother in 2003, when Heffelfinger was 35 years old. They later annulled the marriage in 2005. In the agreement order of annulment, which dealt with property settlement, Baltasar acknowledged Heffelfinger as his biological daughter.

Heffelfinger designated the annulment order, Baltasar’s unsworn July 2003 petition for leave to make gifts in guardianship, which identifies her as Joseph’s sister, a 2003 birthday card he signed as “dad,” a 2004 sworn petition for the appointment of administrator, which identifies her as Joseph’s half-sister, and a 2007 siblingship report stating Heffelfinger and another brother, Tony, have a 98.1 percent probability of being half-siblings.

I.C. Section 29-1-2-7(b)(4) applies to the instant case, which requires for Heffelfinger to inherit from Joseph that the putative father marries the mother of the child and acknowledges the child to be his own.

The designated evidence was sufficient to show that Baltasar acknowledged Heffelfinger as his biological daughter. However, she was unable to show that she was a child born out of wedlock. To be born out of wedlock, the mother must be unmarried when the child is born or married when the child is born, but not to the child’s biological father.

Heffelfinger didn’t show her mother’s marital status at the time of her birth. Baltasar’s acknowledgment of Heffelfinger alone doesn’t establish him as her biological father, wrote Judge Vaidik. There is a marriage, but bare acknowledgement of paternity. In addition, the siblingship report only shows a 98.1 percent probability she is the half-sibling of Tony. Under the statute controlling paternity, if the result of the test is at least a 99 percent probability the man is the father, then it’s presumed he is the biological father.

The judges also rejected Heffelfinger’s argument that Baltasar’s acknowledgment of her in the 2005 annulment order is definitive in establishing paternity. It appears her argument is one of collateral estoppel. The parties’ acknowledgment of Heffelfinger as Baltasar’s biological daughter is gratuitous because the subject matter of the order is a property settlement and because the annulment court will never determine issues of custody and support for Heffelfinger, wrote the judge. The court remanded for further proceedings.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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