In Re Estate Of Prince

901 N.W.2d 234 (2017)

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Nature of the Case

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Facts

Decedent Prince Rogers Nelson was born on June 7, 1958. Decedent's Certificate of Birth lists his parents as Mattie Della Shaw and John L. Nelson. Mattie Della Shaw and John L. Nelson married in 1957 and divorced in 1968. The district court identified decedent and Tyka Nelson as children of Mattie Della Shaw and John L. Nelson in their marriage-dissolution proceeding. John L. Nelson died on August 25, 2001. Probate records identify decedent, Lorna Nelson, Sharon Blakely, Norrine Nelson, John R. Nelson, and Tyka Nelson as the children of John L. Nelson. Decedent died on April 21, 2016, without a will. Tyka Nelson filed a 'Petition for Formal Appointment of Special Administrator.' The petition alleged that Tyka Nelson is a sibling of decedent and that John R. Nelson, Norrine Nelson, Sharon Nelson, Alfred Jackson, Omarr Baker, and Lorna Nelson are half-siblings of decedent. The district court granted Tyka Nelson's petition. On May 6, the district court authorized the genetic testing of decedent's blood. On May 18, the district court established a procedure for the genetic testing of persons claiming to be heirs of decedent. Any party claiming a genetic relationship to decedent that may give rise to heirship was required to file an affidavit with the district court 'setting forth the facts that establish the reasonable possibility of the existence of such a relationship.' The district court directed the special administrator to develop a protocol for genetic testing, 'after considering the positions of the parties claiming a genetic relationship.' Appellants Darcell Gresham Johnston, Loya Janel Wilson, Loyal James Gresham III, and Orrine Gresham and Venita Jackson Leverette submitted affidavits of heirship and parentage information. The Greshams claimed that they were half-siblings of decedent through Loyal James Gresham Jr., who they alleged was decedent's father. Leverette claimed that she was a half-sibling of decedent through Alfred Jackson, who she alleged was decedent's father. The special administrator rejected the claims. The special administrator found that 'because they were married when Decedent was born, Mattie Della (Shaw) . . . and John Lewis Nelson . . . are presumed to be Decedent's genetic parents' and that none of the appellants can challenge that presumption now. The special administrator reasoned that appellants cannot challenge the presumption that John L. Nelson was decedent's father, and thus were not eligible for genetic testing. The district court agreed and excluded appellants as heirs as a matter of law. It held that John L. Nelson is the presumed, genetic and adjudicated father of the Decedent and, as the applicants have neither met the standing or timeliness requirements to rebut the presumption of paternity,' appellants 'are not, as a matter of law, intestate heirs of the Decedent. This appeal followed. Appellants argue that the court erred by using a paternity presumption under the Minnesota Parentage Act to determine that appellants are not heirs of decedent as a matter of law under the Uniform Probate Code.