in Re Certified Question (Mattison v. Soc SEC)
493 Mich. 70
| Mich. | 2012Background
- Pamela Mattison conceived twins posthumously via IVF using deceased husband Jeffery Mattison's sperm; Jeffery died January 18, 2001 in Michigan.
- Plaintiff stored sperm; power of attorney granted wife authority to manage sperm/embryos, including implantation.
- Egg retrieval and embryo transfer occurred after Jeffery's death, resulting in birth of twins on October 8, 2001.
- SSA denied survivors’ benefits; district court certified the question to Michigan Supreme Court on intestacy inheritance.
- Court holds Michigan intestacy law bars posthumously conceived children from inheriting; case remanded for further district court proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether posthumously conceived children can inherit as heirs under Michigan intestacy law. | Mattison: twins are descendants and should survive under gestation concept. | Mattison: Michigan law precludes afterborn heirs; not gestated at death. | No; posthumously conceived cannot inherit; negative on certified question. |
Key Cases Cited
- Capato v. Social Security Administration, 631 F.3d 626 (3d Cir. 2011) (posthumously conceived children and intestacy matters tied to state law)
- Astrue v Capoto, 566 U.S. 418 (U.S. 2012) (SCOTUS held state intestacy law governs posthumously conceived children for benefits)
- In re Adolphson Estate, 403 Mich 590 (1978) (heirs determined by statutes in effect at decedent's death)
- In re Dempster’s Estate, 247 Mich 459 (1929) (heirs determined by intestate succession law)
- In re Kolacy Estate, 332 NJ Super 593 (2000) (posthumous issue and decedent's heirs under probate law )