In re Estate of Murray

Joyce Ann Murray (defendant) was born in Arkansas in 1949. Joyce’s mother was Margaret Polk. Robert Murray was 17 years old in 1949 and could not legally marry without parental consent. Robert and Margaret later married, and in 1952 Joyce’s delayed birth certificate was issued. The birth certificate listed “Robert Murray” as the father and “Margaret Polk” as the mother. Thereafter, Robert and Margaret moved to Nevada, where they raised Joyce together. Robert never formally established or contested his status as Joyce’s father. In 2012, Robert died intestate. Joyce seemed to be Robert’s sole living child, entitled to inherit his entire estate. In probate court, Robert’s sister and nephew (together, the relatives) (plaintiffs) petitioned for appointment as special administrators of Robert’s estate. The relatives claimed that Joyce was Robert’s stepdaughter, Robert had no children, and the relatives were Robert’s heirs. The court granted the relatives’ petition. Joyce petitioned to revoke the relatives’ appointment based on the fact that she was Robert’s child and had priority in appointment. Joyce included a certified copy of her birth certificate and affidavits supporting the fact that Robert had always treated Joyce as his daughter. The relatives sought to challenge Joyce’s parentage and argued that DNA testing was required. The relatives submitted testimony that Joyce was Robert’s stepdaughter. The probate court ruled that Nevada’s Parentage Act (the act) controlled over any conflicting provisions from the probate statutes, and under the act, the relatives could not contest Joyce’s parentage. Further, the court found that Joyce was Robert’s child and entitled to appointment as administrator. The relatives appealed.