Smith v. Caldwell

In this probate proceeding, appellants seek review of the trial court’s order determining that they are not the decedent’s heirs. We dismiss their appeal for lack of jurisdiction.

Appellants assert that they are the children of Willie Toles, who died intestate on February 4, 2000. Appellants’ mother was not married to Toles, and the personal representative concluded that appellants had failed to establish paternity pursuant to ORS 112.105(2).1 The.personal representative filed a “Motion to Deny Heirship” with the probate court, which issued a show cause order. An attorney for one of the…