Watson v. Watson
2006 OK CIV APP 55, 135 P.3d 853 (2006)
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Rule of Law:
A child born within ten months of the dissolution of a marriage is presumed to be a child of that marriage for the purposes of intestate succession. This statutory presumption of paternity applies in probate proceedings after the putative father's death and shifts the burden of proof to the party challenging the child's heirship.
Facts:
- Donovan Myrl Watson was married to Sylvia G. Watson's mother.
- The marriage between Donovan Myrl Watson and Sylvia's mother was dissolved by divorce.
- Sylvia G. Watson was born two months after the divorce decree was finalized.
- Donovan Myrl Watson later remarried and had a minor child, Jessica Donn Watson.
- Donovan Myrl Watson died without a will (intestate).
- Donovan Myrl Watson's parents, Donovan Perren Watson and Myrl Louise Watson, also died intestate, making their grandchildren potential heirs.
Procedural Posture:
- Probate proceedings were initiated in an Oklahoma trial court for the intestate estates of Donovan Myrl Watson and his parents.
- Sylvia G. Watson filed a claim seeking recognition as an heir of the decedents.
- Jessica Donn Watson, the decedent's minor child from a subsequent marriage, objected to Sylvia's claim.
- The trial court ruled that Sylvia was an heir, applying the statutory presumption of paternity because she was born within ten months of her mother's divorce from Donovan Myrl Watson.
- The trial court denied Sylvia's request to be appointed personal representative of the estate, instead appointing Jessica's guardian ad litem due to animosity between the parties.
- Jessica Donn Watson (appellant) appealed the trial court's decision on heirship to the Oklahoma Court of Civil Appeals.
- Sylvia G. Watson (cross-appellant) filed a cross-appeal challenging the trial court's decision regarding the appointment of the personal representative.
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Issue:
Does the statutory presumption under 10 O.S. § 2(A)(1), which establishes a man as the natural father of a child born within ten months after the termination of his marriage, apply in probate proceedings to determine a child's status as an heir after the putative father's death?
Opinions:
Majority - Judge John F. Reif
Yes. The statutory presumption of paternity for a child born within ten months of a marriage's termination applies in probate proceedings to establish heirship. The court reasoned that Oklahoma statutes provide cumulative, not exclusive, methods for establishing a father-child relationship. Specifically, 84 O.S. § 215 deems the 'issue' of a divorced marriage to be born in wedlock, and 10 O.S. § 2(A)(1) defines that 'issue' to include a child born within ten months of the divorce. Sylvia's birth two months post-divorce triggered this presumption. The burden then shifted to Jessica to rebut the presumption, which she failed to do. Therefore, Sylvia was properly recognized as Donovan Myrl Watson's child and heir.
Analysis:
This decision clarifies the interplay between Oklahoma's family law statutes on paternity and its probate code on inheritance. It establishes that the post-divorce presumption of paternity is a valid and sufficient means for a child to prove heirship, even after the father's death. This prevents such children from being treated as 'born out of wedlock,' which would impose a higher burden of proof, such as showing the father publicly acknowledged them during his lifetime. The ruling provides a clear and accessible pathway for children born shortly after a marriage ends to secure their inheritance rights.
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