In re Estate of Flaws

Decedent named heirs in her will, but the heirs predeceased Decedent. Thus, Decedent’s estate became subject to the laws of intestate succession. The children of Decedent’s brother (collectively, Appellants) were designated as heirs of his estate. The circuit court then determined that the illegitimate daughter of Decedent’s brother (Yvette) was also an heir entitled to inherit equally from Decedent’s estate. In so holding, the circuit court concluded that S.C. Codified Laws 29A-2-114(c), which sets forth the methods under which an illegitimate child must establish paternity for purposes of intestate succession, was unconstitutional as applied to Yvette because it prohibited Yvette’s right to recover as an illegitimate child in violation of the Equal Protection Clause. The Supreme Court reversed, holding that, although section 29A-2-114(c) creates a classification between legitimate and illegitimate children, it is constitutional as applied to Yvette under both the federal and state constitutions. View "In re Estate of Flaws" on Justia Law