In re Brockmire
2014 Mo. LEXIS 15
Mo.2014Background
- Decedent Lonnie Broekmire died intestate on July 18, 2011, survived by a brother (Ronald), his biological daughter Sherri, and Sherri’s daughter Bella (grandchild).
- After Sherri reached adulthood but before Decedent’s death, Sherri was adopted by her stepfather; Bella was an infant at the time of that adoption.
- Sherri, as custodian for Bella, sought a partial distribution of Decedent’s estate to Bella; Ronald objected and the circuit court awarded the distribution. Ronald appealed.
- The appeal presents pure statutory interpretation; the court reviewed de novo.
- Relevant statutes: §474.010(2)(a) (intestate distribution to "children, or their descendants"), §474.060.1 (adopted person is child of adopting parent for intestate succession), and §453.090 (effects of adoption).
Issues
| Issue | Plaintiff's Argument (Sherri/Bella) | Defendant's Argument (Ronald) | Held |
|---|---|---|---|
| Whether Bella (grandchild) may inherit from Decedent despite Sherri’s adoption | Bella is entitled because Sherri remains effectively Decedent’s child or should be treated as having "died" to allow Bella to inherit as a descendant | Adoption severs intestate parent-child relationship; an adopted person is the child of adoptive parent, not natural parent, for intestate succession | Held for Ronald: Bella may not inherit — Sherri was not Decedent’s "child" for intestate purposes at death, so Bella has no derivative claim |
| Whether to harmonize §474.010(2)(a) ("children, or their descendants") with §474.010(1) ("surviving issue") to include Bella | Harmonize provisions so Bella would qualify as "surviving issue" in hypothetical spousal-survivor distribution, avoiding absurd result | Statutory definitions and language already align; "issue" and "children, or their descendants" exclude descendants while the parent is alive | Held: No conflict; harmonization unnecessary and would contradict statutory text; Bella excluded |
| Whether Bella had a vested legal right (due process) in Decedent’s estate that was extinguished by Sherri’s adoption | Adoption deprived Bella of a vested right to inherit Decedent’s bloodline without notice or hearing | Heirs of a living person have no vested inheritance rights; intestate rights arise only at death; adoption did not deprive Bella of any legal right | Held: No vested right existed; no due-process violation established |
Key Cases Cited
- Crockett v. Polen, 225 S.W.3d 419 (Mo. banc 2007) (standard for de novo review of statute-based appeals)
- Wailes v. Curators of Cent. Coll., 254 S.W.2d 645 (Mo. 1953) (adoption does not create dual inheritance rights)
- Bernero v. Goodwin, 184 S.W. 74 (Mo. 1916) (children of an adopted child may inherit from the adoptive parent when adoptive child predeceases)
- Wass v. Hammontree, 77 S.W.2d 1006 (Mo. 1934) (heirs of a living person have no vested rights in that person’s property)
- State ex rel. McClintock v. Guinotte, 204 S.W. 806 (Mo. 1918) (legislature may define or abolish intestate succession rights)