Skip to main content
June 27, 2013

COA holds that non-biological parent can be a 'natural parent' under EPIC

In In re Estate of Daniels, the Michigan Court of Appeals held that under the Michigan Estates and Protected Individuals Code (EPIC), a person need not be a biological child of a decedent to be an heir and therefore a personal representative for an estate. The petitioner, the decedent's biological daughter, was the initial personal representative of her father's estate, but was replaced when a man who claimed to be the decedent's son asked to be appointed in her place. The man was born when his mother and the decedent lived together and had always considered the decedent his father, even though his birth certificate did not name a father. The statute, MCL 720.2144, provides that if the child is born out of wedlock, 'a man is considered to be the child's natural father for purposes of intestate succession if . . . (iii) [t]he man and child have established a mutually acknowledged relationship as parent and child that begins before the child becomes age 18 and continues until terminated by the death of either.' The court found that this statute did not require the child to be a biological child, and also noted that other sections of EPIC contemplate situations where a child may be a child of a parent without being a biological parent.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset