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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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