474.060. Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined. — 1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.
2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:
(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;
(2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child.
Notes of Decisions
Cobb v. State Sec. Ins. Co., 576 S.W.2d 726 (Mo. 1979).
· cites it 4× “The next stage of the development of the law mainly in the last century emphasized the rights and duties between mother and child.”
Makara v. Brown, 924 S.W.2d 312 (Mo. Ct. App. 1996).
· cites it 9× “Plaintiff filed a Petition seeking a determination of heirship, under Section 474.060, RSMol994. Plaintiff claimed that she was decedent’s only child.”
McNulty Ex Rel. McNulty v. Heitman, 600 S.W.2d 168 (Mo. Ct. App. 1980).
· cites it 2× “833 (1918) (holding illegitimates may not inherit from their fathers under § 340, RSMo 1909, which is worded substantially identically to § 474.060, RSMo 1978). 3 . If she seeks the latter, this may not be a wise course of action because the statute of limitations may operate to…”
Est. of Pope v. Hook, 670 S.W.2d 943 (Mo. Ct. App. 1984).
· cites it 6× “The court, according to appellant’s Point II, erroneously dismissed the case because it applied a presumption against paternity thereby placing upon appellant a burden of proof exceeding the standard prescribed by § 474.060 of clear and convincing evidence.”
Matter of Nocita, 914 S.W.2d 358 (Mo. 1996).
“In view of the plain language of § 474.060 of the Probate Code, and the comment to the Uniform Probate Code, both statutes stand, and there is no repeal by implication.”
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
· cites it 2× “Section 474.060, however, closes this door with an unmistakable slam: If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and…”
Robbie v. Gerstner, 733 S.W.2d 859 (Mo. Ct. App. 1987).
· cites it 6× “Section 474.060 RSMo Cum Supp. 1984. We affirm.”
Wasser v. Collins, 950 S.W.2d 530 (Mo. Ct. App. 1997).
· cites it 2× “The second statutory provision dealing with the subject is § 474.060, which is part of the Probate Code relating to intestate succession and wills.”
Aubuchon v. State, 487 F. Supp. 529 (E.D. Mo. 1980).
· cites it 2× “to challenge Section 474.060, Mo. Rev.Stat. (1969), which provides that an illegitimate person shall inherit through its mother.”
N. R. v. R. J. D., 588 S.W.2d 76 (Mo. Ct. App. 1979).
“In seeking to be determined the heir of a putative father the illegitimate child, of necessity, attacks the constitutionality of our statutes on descent and distribution because it has been held that under our statutes an illegitimate child may not inherit from its natural…”
Earring v. Davidson, 607 S.W.2d 690 (Mo. 1980).
· cites it 9× “Parties who had been successful in probate court filed an answer, denying allegations of motion as to paternity of movant and her right to inherit.”
— Mo. Rev. Stat. § 474.060(2)(2) — 1 case
Est. of Pope v. Hook, 670 S.W.2d 943 (Mo. Ct. App. 1984).
“The court, according to appellant’s Point II, erroneously dismissed the case because it applied a presumption against paternity thereby placing upon appellant a burden of proof exceeding the standard prescribed by § 474.060 of clear and convincing evidence.”
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