Matter of Nocita

BENTON, Judge.

Can an illegitimate child prove paternity during probate, beyond the statute of limitations in the Parentage Act? Yes, answered the circuit court, which also ruled on the validity of a statute. Mo. Const. Art. V, § 3. Affirmed.

Carl Nocita died intestate on August 2, 1991, survived by one sister, two nieces, two nephews, and also by Anthony Mahon, born April 22, 1956. Mahon filed for letters of administration on August 16, 1991. The No-eita family sought to dismiss Mahon’s claims, invoking the statute of limitations in the Parentage Act, § 210.828.1 RSMo Supp.1990. 1 The trial…