COURT OF APPEALS DECISION DATED AND FILED July 14, 2009 David
R. Schanker Clerk of Court of Appeals |
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NOTICE |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT III |
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In re the estate of Angellika Arndt: Michael Appellant, v. Donna Pavlik, Respondent. |
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APPEAL
from an order of the circuit court for
Before
¶1
BACKGROUND
¶2 Seven-year-old Angellika died from injuries inflicted at a
day treatment facility after the termination of her parents’ rights.[1] Upon the termination of parental rights, Angellika’s
guardianship was transferred to
¶3
DISCUSSION
¶4 The question presented in this case is whether a termination
of parental rights severs the grandparents’ right to intestate inheritance
where the deceased child was not adopted.
Based on the plain language of Wis.
Stat. § 48.43(2) (2003)[3]
and the holding in Pamanet v. Pamanet, 46
¶5 The relevant facts in Pamanet were similar to the facts here,
except that there were surviving siblings who had not been adopted following the
termination of parental rights.
¶6 Pamanet was primarily concerned with whether the parents’
inheritance rights survived. The court
based its ruling on the plain language of the statute, stating it was “‘all
rights of parents’ that are terminated, not just some of them.”
“Termination of parental rights” means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.
Wis. Stat. § 48.40(2) (2003-04).
An order terminating parental rights permanently severs all legal rights and duties between the parent and the child.
Wis. Stat. § 48.43(2) (2003-04).
¶7 While
the termination of parental rights statute refers only to the legal relationship
with the parents, the adoption statutes explicitly recognize the termination of
the intestate inheritance scheme as to the entire birth family upon
adoption. Thus, under Pamanet
and Wis. Stat. §§ 48.92 and 854.20,[4] the intestate
inheritance relationship between the child and the birth grandparents survives
until adoption. See Pamanet, 46
¶8 Donna
Pavlik, the administrator of Angellika’s estate, cites a number of “grandparents’
rights” cases in support of her argument that a termination of parental rights
terminates all grandparents’ rights as well.
None of those cases, however, concerned intestate inheritance or cited Pamanet.
Pavlik also argues Pamanet does not apply
because it involved siblings rather than grandparents. This is a distinction without a difference. It is evident Pamanet relied on the
intestate succession scheme to conclude the non-adopted siblings were the
deceased child’s heirs. The only
reasonable interpretation of Pamanet is that, prior to adoption, and
exclusive of the parents, the birth relatives next in succession inherit.
By the Court.—Order reversed and cause remanded with directions.
Not recommended for publication in the official reports.
[1]
[2]
[3] Angellika’s
parents’ parental rights were terminated in 2003. The language of Wis. Stat. § 48.43(2) was significantly revised in 2006,
but applies only to termination orders granted after the revision. See
2005
[4] The
language of Wis.
Stat. § 854.20 is
substantially similar in both the 2003-04 and 2007-08 versions. However,