Makara v. Brown

PREWITT, Presiding Judge.

Plaintiff filed a Petition seeking a determination of heirship, under Section 474.060, RSMol994. Plaintiff claimed that she was decedent’s only child. Pursuant to Defendants’ motion to dismiss, the trial court determined that Section 474.060 “was preempted in 1987 by the legislature’s adoption of the Uniform Parentage Act, i.e. Chapter 210 RSMo_” Plaintiffs Petition was thereafter dismissed.1

The basis of the trial court’s ruling was that Section 474.060 was preempted and apparently repealed by implication by the Uniform Parentage Act, §§ 210.817-210.852, RSMol994.…