Wingate v. Estate of Ryan
149 N.J. 227, 693 A.2d 457 (1997)
Wingate believed that she was
the child of Mr. Wingate. However, her ten days before Ryan's death, her
mother informed her that she was actually the daughter of Ryan (despite
the fact that the mother was married to Mr. Wingate at the time.)
According to the Mother,
Ryan knew that he was the biological father of Wingate, and helped to
provide for her upbringing, but would not acknowledge the fact publicly
in order to avoid scandal.
DNA testing confirmed that
Ryan was Wingate's biological father.
Wingate filed a petition to
establish that she (and her children) were legally Ryan's heirs and
entitled to a portion of his estate.
Ryan's estate fought the
petition claiming that Wingate was barred from asserting a paternity
claim due to the Statute of Limitations in the Parentage Act.
The Trial Court found for
Wingate. The estate appealed.
The Appellate Court reversed.
Wingate appealed.
The Appellate Court found
that under New Jersey State law, there is a 23 year Statute of Limitation
for asserting paternity.
23 years was 18 + 5 years.
It was assumed that paternity is only important if you are minor.
The New Jersey Supreme Court
reversed and found for Wingate.
The New Jersey Supreme Court
found that the 23 year Statute of Limitations concerned the part of the
law that dealt with a parent's obligation to support their child (Parentage
Act). After the child was in their
20s, no support was required, so parentage issues became mute. However,
this section was never intended to apply to probate law (which is covered
by the Probate Code), and
the child's standing to inherit from a parent.
Under the Uniform
Probate Code, you have three years
after the death of the decedent to file a claim. States differ, but all
allow a reasonable time after learning about paternity to
file a claim.