REESE V. MURET
150 P.3d 309 (2007)
NATURE OF THE CASE: This is a paternity action in the context of a probate case. Heather
S. Reese seeks a determination that she is the child of Sam. Sam's spouse, Sandra opposed
Heather's claim as a child in Samuel's intestate estate and filed a motion for genetic
testing. Heather filed a paternity action pursuant to the Kansas Parentage Act, claiming
that Sam was her presumptive father. Sandra intervened in the paternity action and moved for
genetic testing. The district court denied Sandra's motions in both the probate and
paternity actions, and she brings this appeal.
FACTS: Sam married Deloris and gave birth to a daughter named Heather. Heather's birth
certificate named Sam as her father. Deloris and Sam divorced on July 12, 1972. The divorce
pleadings acknowledged Heather as a child of the union. The district court ordered Sam to
pay child support and granted Sam visitation with Heather. In November 1972, Sam filed a
motion to terminate his child support payments, alleging that Deloris 'took the minor child
of said parties and disappeared.' Sam's motion further alleged that Deloris was unfit and
that he should have custody of Heather. In December 1972, the district court entered an
order terminating Sam's child support until Deloris could show just cause to have the child
support reinstated. Deloris never reinstated Sam's child support obligation, but Sam's Aunt
Irene provided financial assistance to Deloris and Heather. Sam married Sandra in October
1976. According to Sandra, Sam said that Heather was not his child. Sam and Sandra had no
children. They separated in September 1988 and divorced in 1990. Sandra moved back in with
Sam in 1994, moved out again in 1995, and remarried him in 1996. After their remarriage,
Sandra did not live with Sam, but visited him occasionally on weekends. Before Sandra moved
back in with Sam in 1994, he executed a will leaving everything to his sisters, Camille and
Anna Jane. On December 10, 2002, Sam visited with an attorney about his estate. Sam told the
attorney that he had a daughter. The attorney perceived that there was tension between Sam
and Sandra regarding Sam's daughter, but Sam did not explain the situation. On or about
December 13, 2002, Sam committed suicide. Heather petitioned to appoint administrators for
Sam's estate. Sandra responded to Heather's petition, denying that Heather was Sam's
daughter and requesting the court to appoint her as the administrator for Sam's estate.
Sandra also filed a petition in the probate action for genetic testing to determine whether
Sam was Heather's biological father. Heather filed a paternity action seeking a
determination that Sam was Heather's father. Sandra filed a motion to intervene and a motion
for genetic testing. The district court held that it was not in Heather's best interests to
conduct genetic testing and denied Sandra's motion. Sandra appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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