Estate of Justin v. Smith

¶ 21. I agree that, when a person stands in loco parentis to a child, the child does not automatically become a wrongful death beneficiary upon that person’s death. See Miss.Code Ann. § 11-7-13 (Rev.2004). However, there was no dispute that Justin was Halley’s presumed father or that there had been several separate judicial proceedings in which Justin was recognized as Halley’s legal father. There is no court order before us that disestablished Justin’s paternity prior to his death; and, based on our jurisprudence, the post-mor-tem judicial determination that Montgomery was Halley’s…