Turner v. Daniels, 746 S.E.2d 40

Decedent Gilmore executed a will in July 2008; probate filed after his August 2010 death.
Decedent left his entire estate to Daniels & Daniels, who are unrelated to the Decedent.
Appellant Turner, born in 1972, did not know Decedent before this matter.
After Decedent’s death, Turner learned Decedent was her biological father.
Turner claimed an intestate-share pretermitted-child right under §62-2-302(b) based on the testator’s belief that she was dead.
Probate court and circuit court dismissed the claim under Rule 12(b)(6); this Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Turner qualifies under §62-2-302(b).	Turner claims §62-2-302(b) applies to omissions based on belief Decedent thought she was dead.	Daniels argues the statute requires the testator to omit a child solely because he believed the child was dead; Turner was not omitted for that reason.	No; the statute is unambiguous and does not apply here.

Jennings v. Jennings, 401 S.C. 1, 736 S.E.2d 242 (S.C. 2012) (unambiguous-language rule; plain meaning governs)
Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (S.C. 2000) (courts cannot rewrite clear statutory text)