IN RE: THE ESTATE OF OLA IRENE TUCKER - Articles

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Posted by: Chandra Williams on Nov 12, 2015

Court: TN Court of Appeals

Attorneys 1:

James T. Normand, Oak Ridge, Tennessee, for the appellant, Dianna Lynne Johnson Allen.

Attorneys 2:

Andrew Pate, Knoxville, Tennessee, for the appellee, Garry Bivens.

Judge(s): SWINEY

Dianna Lynne Johnson Allen appeals an order of the Probate Court for Loudon County (“the Trial Court”) holding that Ms. Allen lacked standing to assert pursuant to Tenn. Code Ann. § 31-2-105 a claim of inheritance by intestate succession to the Estate of Ola Irene Tucker (“the Estate”). We find and hold that Ms. Allen qualifies as a person born out of wedlock for purposes of Tenn. Code Ann. § 31-2-105(a)(2)(B). We, therefore, reverse the Trial Court’s order holding that Ms. Allen lacked standing and remand this case to the Trial Court for a determination of whether Ms. Allen proved by clear and convincing evidence that Ewell Stephens Johnson was her father, which, if so proven, would allow Ms. Allen to inherit by intestate succession from the Estate.

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