Legal Opinion

Matter of Estate of Morris

Court of Appeals of North Carolina

Decided July 16, 1996No. COA95-126PublishedCited by 2 opinions

1Opinion of the Court

McGEE, Judge.

Petitioner argues that by executing an affidavit of paternity under G.S. 130A-101(f), he constructively complied with the statutory requirements of N.C. Gen. Stat. § 29-19(b) and (c), which allow a father to inherit from an illegitimate child through intestate succession. We disagree with petitioner and affirm the judgment of the trial court.

Intestate succession by and through illegitimate children is governed by G.S. 29-19. “Absent [G.S. 29-19], an illegitimate child has no right to inherit from his or her putative father.” Hayes v. Dixon, 83 N.C. App. 52, 54, 348 S.E.2d 609,…

2Cases cited5 opinions

  1. Tony and Susan Alamo Foundation v. Secretary of LaborSupreme Court of the United States · 1985
  2. Mitchell Ex Rel. Mitchell v. FreulerSupreme Court of North Carolina · 1979
  3. Hayes v. DixonCourt of Appeals of North Carolina · 1986
  4. Estate of Stern v. SternCourt of Appeals of North Carolina · 1984
  5. Stern v. WeissSupreme Court of the United States · 1985

3Cited by2 opinions

  1. In Re the Estate of MangumCourt of Appeals of North Carolina · 2011
  2. In re Estate of PottsCourt of Appeals of North Carolina · 2007

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