DeCoste v. Superior Court

UDALL, Justice.

The issue in this Special Action is whether a child born after the execution of her mother’s will is entitled to take an intestate share of her mother’s estate under the provisions of Arizona’s pretermitted child statute, A.R.S. § 14-131.

Mary Ann DeCoste, in 1969, filed a Petition for Determination of Heirship in the Matter of the Estate of Fedwa Gobins, Cause No. P 63235, Superior Court, Maricopa County. The Superior Court determined, based upon its finding of the intent of the testatrix, that the petitioner was not entitled to take any share of the estate. Mrs. DeCoste…