Law of Wills, 2016A

(citations omitted) a positive DNA test is not enumerated in the statute as a method of meeting the
requirements to legitimate a child.
“The statute mandates what at times may create a harsh result. It is not, however, for the courts but
rather the legislature to effect any change.” Hayes, 83 N.C. App. at 54, 348 S.E. 2d at 610. The
allegations set forth in plaintiff’s complaint do not satisfy the statutory requirement for an
illegitimate child to inherit through the state’s intestacy laws. Therefore, these allegations, even
when treated as true, are not sufficient to state a claim upon which relief may be granted. For this
reason, we conclude that the trial court properly granted defendants’ motion to dismiss.
Plaintiff bases her appeal of the Rule 12(b)(6) dismissal on an argument that N.C. Gen. Stat. § 29-19
violates her equal protection and due process rights as afforded her by the North Carolina and
United States Constitutions. Because we have determined that plaintiff’s complaint does not state a
claim upon which relief can be granted, we need not address whether the statute violates plaintiff’s
rights under the North Carolina and United States Constitutions. (citations omitted). “[T]he courts
of this State will avoid constitutional questions, even if properly presented, where a case may be
resolved on other grounds”). The trial court properly granted defendants’ motion to dismiss and
therefore we decline to address the constitutional issues presented in this appeal.
No error.
Notes and Questions
1. Would the North Carolina statute have survived a challenged based upon the United States
Constitution?
2. Is the result in this case against public policy? How should the statute be amended to serve the
best interests of the state and the non-marital child?
Class Discussion Tool
Ten years ago, only 11% of the children born in the State of Morality were born to persons
who were unmarried. Thus, non-marital children are not included in the definition of children under
the State’s intestacy statute. In fact, the inheritance rights of non-marital children are not addressed
anywhere in the State’s intestacy statute. Today, in the State, 32% of the children born are the
products of non-marital relationships. Several non-martial children recently filed actions in the
probate court to have the right to inherit under the State’s intestacy laws. Consequently, the State
would like to amend its current intestacy statute to address the needs of non-marital children.
However, many of the current legislators are up for re-election, and the majority of the voters polled
think that it is immoral to have a child without the benefit of marriage. The State Senate has retained
your firm for assistance in drafting an appropriate statute. What components should the statute
include? What are concerns that must be considered prior to drafting the statute?
The Need For Information
The Plaintiff in the Ledford case appeared to make every effort to be recognized as the
decedent’s child prior to his death. However, since she did not strictly comply with the mandates of
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