In The Matter Of The Estate Of Murray v. Slaughter

344 P.3d 419 (2015)

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Nature of the Case

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Facts

Joyce Slaughter, the claimed heir, was born on January 26, 1949, in Wabbaseka, Arkansas. Her delayed birth certificate, issued by the State of Arkansas on July 15, 1952, identifies her as 'Joyce Ann Murray'; the decedent, Robert Murray, as 'Father'; and Margaret Polk as 'Mother.' Robert was 17 years old when Joyce was born, and under Arkansas law, he could not marry without parental consent. After Robert turned 19, he married then-21-year-old Margaret in Jefferson County, Arkansas. They moved to Las Vegas, Nevada, in the early 1950s, where together they raised Joyce. The couple remained married until Margaret died in 1990. In his lifetime, Robert never commenced proceedings to formally establish or challenge his status as Joyce's father. Robert died intestate at the age of 80. The assets of his estate were derived from his and Margaret's nearly 40-year marriage. His obituary identified Joyce as his sole living child, and Joyce arranged and paid for Robert's funeral services. Robert's sister and nephew, Polly O'Neal and Gary Stinnett (Ps) filed an ex parte petition for appointment as special administrators of Robert's estate. The ex parte petition identified Robert's siblings and their issue as his heirs. Joyce was identified as Robert's stepdaughter. The district court entered an order making Ps co-administrators of the estate. Joyce filed a petition for revocation of the letters of special administration and for appointment as the special administrator. Joyce attached to the petition a certified copy of her Arkansas delayed birth certificate, her affidavit, and affidavits from her mother's siblings, which stated that their sister and the decedent had held themselves out as a married couple when Joyce was born and that the decedent had always treated Joyce as his daughter. Ps claimed that DNA testing was necessary to confirm biological parentage. The probate commissioner ruled that (1) Joyce's Arkansas delayed birth certificate was entitled to full faith and credit in Nevada; (2) a legal presumption arose that Joyce was the decedent's child under NRS 126.051(1)(c) and (d) because Robert and Margaret had resided together with Joyce and held themselves out to be husband and wife, and because Robert had received Joyce into his home, held her out to be his natural child, and allowed her to be known by his surname; (3) Robert's siblings lacked standing to contest Joyce's paternity pursuant to NRS 126.071(1); and (4) Robert's siblings were time-barred from contesting Joyce's paternity pursuant to NRS 126.081(1). Ps argued for an evidentiary hearing. The district court then entered an order finding that the commissioner's recommendations were not clearly erroneous and ordered that the report and recommendation be fully accepted and adopted. Ps appealed.