Malone v. Thomas, 24 S.W.3d 412 (Tex. App.—Houston [1st Dist.] 2000, no pet.).
After Intestate died, three individuals attempted to be declared his
biological children. One of Intestate’s siblings contested. The probate
court determined that one of these individuals was Intestate’s child and
declared him to be Intestate’s sole heir. Sibling appealed claiming that
the probate court did not properly apply the law.
The appellate court affirmed. The court focused on Probate Code § 42(b)
which provides a list of the exclusive methods for a non-marital child
to establish paternity for inheritance purposes. The trial court relied
on a court order of paternity which is one of the methods listed. Even
if this court order is invalid as Sibling alleged, the facts supported
the finding of paternity in a variety of other ways. For example,
Intestate consented to being named as the father on the birth
certificate and Intestate executed a statement of paternity in
compliance with the Family Code.
Moral: A person contesting the paternity of a non-marital child must
show that none of the methods listed in Probate Code § 42(b) may be used
to establish paternity.