In Re: Estate of James Sheperd Smith

Citation: Not availableDocket: E2012-00995-COA-R3-CV

Court: Court of Appeals of Tennessee; December 26, 2012; Tennessee; State Appellate Court

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Sonya Wyche, identified as the Putative Daughter of deceased James Sheperd Smith, was named an heir in the petition for letters of administration filed by the Administrators, James B. Smith and Jacqueline Smith Gunn. Approximately 13 months post-death, the Administrators filed a "Motion to Determine Identity of Heirs," asserting that the Putative Daughter's claim was not timely perfected. The court ruled against her, stating that she failed to demonstrate that the Administrators intended to mislead her regarding the timely filing of her claim. The appeal by Wyche was ultimately affirmed. 

Upon the Deceased's death on May 11, 2010, his estate, valued between $350,000 and $500,000, included businesses and rental properties. The Administrators filed for intestate administration on August 24, 2010, listing Wyche as an heir. The court granted the petition, and creditor notices were published shortly thereafter. 

On June 22, 2011, the Administrators sought clarification on the heirs' identities due to uncertainties regarding parentage. The process faced delays, including the withdrawal of Wyche's counsel, citing a lack of cooperation from her. Subsequently, Wyche filed a separate action to establish paternity and submitted evidence, including an obituary and inconclusive DNA results regarding her biological relationship to a cousin. 

During the hearing, the clerk and master refused to consider evidence on whether the estate could contest Wyche's heirship and indicated that due to the one-year statute of limitations, he would report that she was not an heir, unless the judge decided otherwise.

The clerk and master’s report indicates that the Putative Daughter's claim for paternity is barred due to her failure to file within one year of the Deceased's death. She objected to this report, citing equitable and judicial estoppel, arguing that the clerk and master improperly disregarded her claims. An evidentiary hearing was conducted to determine if the Administrators could assert the untimeliness of her claim. 

Key testimony was provided by James B. Smith, who acknowledged uncertainty about the Putative Daughter being the Deceased's child but included her as an heir based on her claim. A preliminary agreement was established among the putative siblings regarding her potential inheritance of a rental house, contingent on proof of her parentage. Smith provided her one rent check but withheld another due to her lack of documentation. 

The Putative Daughter testified that the Deceased had acknowledged her as his daughter to family members and had given her a car on her 16th birthday. She attended a November 2010 meeting regarding estate matters but denied being asked for proof of parentage. In contrast, Jacqueline Gunn, a witness for the estate, confirmed that the Putative Daughter was informed she needed to provide a birth certificate to claim her inheritance, similar to other siblings.

The court found that the Putative Daughter was born out of wedlock and lacked any proof of paternity or legitimation prior to the Deceased's death. While this hearing focused on whether she could pursue her claim as an heir, the court concluded that her petition for intestate administration did not constitute a valid claim under the precedent set in Glanton v. Lord, which stipulates that nonmarital children must assert their right to inherit.

The Court upheld the Clerk and Master's ruling on the timeliness of the Putative Daughter's claim to inherit. It acknowledged that the statute of limitations might be tolled if judicial or equitable estoppel is demonstrated. Central to the case is the Putative Daughter's assertion that the petition inaccurately identified her as an adult daughter of the Deceased with an unknown address. The Court evaluated whether the Putative Daughter could present evidence to counter the precedent set in *Scaife v. Roberson*, which states that a petition can contain incomplete information due to various constraints.

The Putative Daughter bore the burden of proof and testified about her status as an illegitimate child, revealing she only saw her birth certificate with her father's name omitted in 2011. The Court noted that in October 2010, she received the pleadings, and a meeting occurred in November 2010, though details were disputed. An email from November 8, 2010, indicated the administrators’ intent to require paternity verification if the Putative Daughter did not settle, reflecting their mindset rather than any deceptive intent in the petition.

The Court concluded that the petition did not contain a willful misstatement of fact necessary to support claims of estoppel. It determined that the petition served as a notice for potential heirs to assert their rights rather than a means to delay action. Additionally, the Court noted that the Putative Daughter did not assert her right to inherit until over a year after the Deceased's passing. Consequently, the Putative Daughter filed an appeal regarding the Court's finding that the petition misled her into believing she did not need to file a claim.

Review of a trial court's findings of fact after a bench trial is conducted de novo, with a presumption of correctness unless evidence contradicts those findings. Questions of law are also reviewed de novo without any presumption. The Putative Daughter challenges the finality of the order, but the Estate does not contest it; the order qualifies for appeal under Tennessee Code Annotated § 30-2-315(b). 

The Putative Daughter's arguments hinge on two main points: that the trial court misinterpreted a prior case, Scaife, and incorrectly determined that her listing as a child in the petition was not intended to deceive her about filing a claim. In Scaife, the claimant was initially listed as a daughter but was later informed of the need to establish paternity to inherit, which she failed to do within the required timeframe. The court found that the listing in the petition was preliminary and could contain inaccuracies, and therefore did not amount to a misstatement sufficient for estoppel. Even if there was reliance on the petition, the claimant received notice to establish paternity while still able to file a claim, negating any justifiable reliance.

The trial court did not misapply Scaife, as it allowed the Putative Daughter to demonstrate intentional misrepresentation by the Administrators, which it ultimately found lacking. The court concluded that the petition was similarly preliminary as in Scaife and found no intent to deceive. The evidence supports the court's finding that the Putative Daughter was aware by November 2010 that she needed to prove paternity to be recognized as an heir. The trial court's judgment is affirmed, costs are taxed to the appellant, and the case is remanded for further proceedings consistent with this opinion.