dissenting.
I respectfully dissent because the majority opinion reaches a very strained result.
KRS 396.025 provides that all claims against a decedent’s estate which arose before the death of the decedent or after and whether founded on contract tort or other legal basis are barred unless proven as required by law within one to three years. I must disagree with the observation by the majority that this statute does not apply to this claim because the statute deals only with creditor’s claims. There is no language in the statute which limits the term “claim” as the majority asserts.
It would appear that there is no claim that is more important and more all inclusive than a declaration of rights which would permit an illegitimate offspring to claim to be the heirs at law of the decedent. The claim arises from an alleged paternity relationship which of necessity had to occur before death.
There is no evidence in this record which indicates that the decedent ever acknowledged any paternity of the claimant. In 1981, James Shelton Ellis died intestate and unmarried. At no time was he married to the mother of Morris Ellis and Morris Ellis did not seek any adjudication that he was the illegitimate son of the decedent before 1983.
The real question is how long can an illegitimate child wait until any alleged right of inheritance can be made. Of necessity, in this case, the claim is made against a dead person who cannot obviously respond.
Of greater concern is the potential consequence of the majority decision. I do not believe the majority intends to elongate the closing of probate estates by virtue of this decision. Death is universal, and probate in some fashion, always follows. Consequently every person is affected by the decision of this Court in this case. I trust that the closing of an estate in the future will not be unduly prolonged by this decision.
STEPHENS, C.J., and STEPHENSON, J., join in my dissent.