(251) 299-0101

Summary Judgment - Waiver - Standing

Campbell v. J.R.C., J.L.C., R.L.C., and J.H.S., [Ms. 1170385, Oct. 19, 2018] __ So. 3d __ (Ala. 2018). The Court (Sellers, J.; and Stuart, C.J., and Parker, Main, Wise, Bryan, and Mendheim, JJ., concur; Bolin and Shaw, JJ., concur in the result) affirms a judgment entered by the Mobile Circuit Court adjudicating J.R.C., J.L.C., R.L.C. and J.H.S. as heirs of the estate of their father such that they are entitled to proceeds of a life insurance policy insuring their father’s life. The action commenced when the father’s mother petitioned the Mobile Probate Court for letters of administration alleging that she was an heir and that the children were not heirs because they were not the father’s biological children. Ms. *4.

Relying upon the legal presumption of paternity set forth in § 26-17-204(a)(1), Ala. Code 1975, for children born during a legal marriage and the failure by the father’s mother to rebut the presumption with clear and convincing evidence as required by § 26-17-601, the Court holds that the father’s mother has no standing to challenge paternity because the evidence established that the father, during his lifetime, persisted in his paternity. Ms. *8-11.

Significantly, Justice Bolin offers a separate writing expressing his view of why an administrator and an administrator ad litem could not coexist in this case. Ms. *14-25.

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