Estate Administration – Sufficiency of Evidence of Paternity

Wheeler, as Administrator of the Estate of Drayton v. Marvin, [Ms. 1200282, Sept. 17, 2021] __ So. 3d __ (Ala. 2021). The Court (Sellers, J.; Parker, C.J., and Wise and Stewart, JJ. concur; Bolin, J., concurs in the result) affirms the Montgomery Circuit Court’s judgment that Kristin Marvin is the biological child of Eugene Drayton and is therefore an heir of Drayton for purposes of intestate succession. Administrator Wheeler’s primary argument on appeal was that the DNA test was performed on samples collected by persons interested in the estate. In affirming, the Court explains “[i]t is not this Court’s role to reweigh the evidence. The DNA test result, combined with the additional evidence accepted by the probate court, is sufficient to support its judgment. Although Wheeler challenges the persuasiveness of the evidence submitted, she has not established that the probate court was plainly and palpably wrong in determining that there was clear and convincing proof that Marvin is Drayton’s daughter.” Ms. *12.

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