Code Of Alabama And Uniform Probate Code

[wbtsbuff]

Would the Uniform Probate Code 2-114(c) apply to Alabama law?
If not, could UPC 2-114 be overturned or enforced by a superior court?


The Uniform Probate Code provision was revised in 1990 to expand
application of the rule to both fathers and mothers. The current version of the Uniform Probate Code, Section 2-114(c) provides:
Inheritance from or through a child by either natural parent or
his [or her] kindred is precluded unless that natural parent has
openly treated the child as his [or hers], and has not refused to
support the child.
It should be noted that this version applies as well to both marital and
nonmarital natural parents. See § 2-114(a); see also Monopoli, 49 U. Miami L. Rev
at 271.


Thank you.

[lwpat]

Probate Codes are state laws and vary by state. The UPC has no effect unless it has been incorporated into state law. Here is the section from the Alabama code.

§ 43-8-48. Establishment of parent and child relationship.

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

(1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the right of the child to inherit from or through either natural parent;

(2) In cases not covered by subdivision (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

b. The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.

The most recent case I could find is
House v. Campbell, 628 So. 2d 448