Rist v. Taylor
| Decision Date | 23 March 1998 |
| Docket Number | No. 97-200,97-200 |
| Citation | 955 P.2d 436 |
| Parties | Mike RIST, Appellant (Defendant), v. James P. TAYLOR, f/k/a James Pfleeger Rouane, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Greg L. Goddard of Goddard, Perry & Vogel, Buffalo; and John P. LaBuda of Palmer & LaBuda, P.C., Rock Springs, for Appellant.
Cole Bormuth of Bormuth & Freeman, Cody, for Appellee.
Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.
Appellant Mike Rist appeals from the order which directed him to return estate property to Appellee James Taylor after the district court found that Taylor was the adopted son of James Patrick Rouane and was entitled to possess Rouane's estate by intestate succession.
We reverse and remand.
Rist presents a single issue for our review:
May an adopted child who is subsequently adopted by another adult when all parental rights of the first adoptive parent have been judicially terminated inherit by intestate succession from the first adoptive parent?
During their marriage, Rouane and Taylor's mother adopted Taylor. Taylor's mother subsequently divorced Rouane and married Sammy Ray Taylor (Sammy), who adopted Taylor on August 25, 1989, after Rouane relinquished his parental right to Taylor and consented to the adoption. Rouane died intestate on October 20, 1994. After Rouane's death, Rist, who was Rouane's nephew, took possession of a pickup and various other personal property which belonged to the decedent.
On April 3, 1996, Taylor filed a complaint, alleging that he was the adopted son and the sole and only heir of Rouane and that he was, therefore, entitled to have his father's property, which was in Rist's possession. Rist filed his answer, denying that he wrongfully possessed the property and praying for dismissal of the complaint, for attorney's fees, and for costs. Rist also concurrently filed a counterclaim, asserting that, if Taylor is the sole heir of Rouane and entitled to the distribution of his estate, Rist should be reimbursed for Rouane's funeral expenses and for the expenses he incurred in towing and storing the pickup.
On July 17, 1996, Taylor filed his motion for a summary judgment, alleging that no genuine issue existed as to any material fact and that he was entitled to have a summary judgment as a matter of law. He argued that, pursuant to the laws of intestate succession, he was entitled to inherit Rouane's estate because he was Rouane's sole surviving child by virtue of his adoption by Rouane.
On March 3, 1997, Rist filed his motion for a summary judgment, also alleging that no genuine issue as to any material fact existed and that he was entitled to have a summary judgment as a matter of law because Taylor was not the adopted child of Rouane at the time of Rouane's death. Rist contended that Taylor's subsequent adoption by Sammy terminated all Taylor's legal and parental ties with Rouane.
On March 17, 1997, the district court heard Taylor's motion for a summary judgment and found that no genuine issue of material fact precluded the granting of his motion; that Taylor was the adopted son of Rouane; that, pursuant to WYO. STAT. § 2-4-107(a)(i) (1997), he was entitled to have the same rights as a natural child of Rouane would have; that, pursuant to the laws of intestate succession, Taylor was the proper distributee of Rouane's estate; that Rist had wrongfully claimed the assets which belonged to Rouane and was not entitled to have possession thereof; and that Rist was not entitled to be reimbursed for costs associated with hauling and storing Rouane's pickup.
On June 4, 1997, the district court ordered Rist to deliver the pickup to Taylor and directed each party to bear his own costs and attorney's fees. The district court did not make a finding or order which pertained to whether or not Rist was entitled to be reimbursed for the money he advanced toward Rouane's funeral expenses.
There being no material fact in dispute, the question presented in this case is one of law. We do not accord special deference to the district court's decisions on matters of law. Nylen v. Dayton, 770 P.2d 1112, 1114 (Wyo.1989).
The issue presented in this case is an issue of first impression for this Court. The few jurisdictions having statutes functionally equivalent to ours which permit an adopted child to inherit from both the natural parents and the first adopting parent have arrived at differing results with regard to whether or not a second...
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Craft v. State
...who are the heirs at law at the time of death of an individual who dies intestate are entitled to succeed to his estate." Rist v. Taylor , 955 P.2d 436, 438 (Wyo. 1998). [¶23] The intestate laws and wrongful death statutes2 do not exclude adoptive siblings for any reason. We will not insert......
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In re Estate of Kirkpatrick
...Wyoming law regarding severing the legal relationship between adopted children and their biological parents. For instance, Rist v. Taylor, 955 P.2d 436 (Wyo.1998), states that a second adoption severs the child's previously existing rights of inheritance from his first adoptive parent. JS v......
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...on matters of law," i.e., our review is de novo. S & G Invs., LLC v. Blackley, 994 P.2d 941, 943 (Wyo. 2000) (citing Rist v. Taylor, 955 P.2d 436, 437 (Wyo. 1998) ).DISCUSSION[¶8] The Dellos defendants claim the district court erred by rejecting their counterclaims for declaratory judgment,......
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Dellos Farms, Inc. v. Sec. State Bank
... ... our review is de novo. S &G Invs., LLC v ... Blackley, 994 P.2d 941, 943 (Wyo. 2000) (citing Rist ... v. Taylor, 955 P.2d 436, 437 (Wyo. 1998)) ... DISCUSSION ... [¶8] ... The Dellos defendants claim the ... ...