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In re Estate of Kinder6/12/1998
at least thirty years after Ralph Kinder, Jr.'s birth. Any act legitimating Ralph Kinder, Jr., which was performed inside the appropriate statute of limitations, would have been done in the state of Michigan. We note that in its June 4, 1997 entry, the trial court acknowledged that Ohio had no connection to the paternity issue. Moreover, the Michigan court stated that Ralph Kinder, Jr. had prima facie proof that paternity had been established according to Michigan law. Therefore, we conclude that the trial court erred in failing to apply Michigan law to determine whether Ralph Kinder, Sr. legitimated appellant within the appropriate statute of limitations, thereby establishing him as a legal heir at law.
(5) Appellant next contends that if the trial court had properly applied Michigan paternity law, it would have found that the parent/child relationship had been established and that the state of Ohio would have been required to give full faith and credit to the determination. We are not in a position to conclude that paternity had been established under Michigan law, as this court cannot conduct a hearing on the matter; however, we agree with appellant that if paternity has been established under Michigan law, Ohio must give deference to said finding.
"The status of legitimacy conferred by the law of another state places the child in the same situation with regard to the inheritance of Ohio [property] as though he had acquired such status in Ohio." Howells v. Limbeck, 172 Ohio St. 297, 16 O.O.2d 68, 175 N.E.2d 517, paragraph two of the syllabus.
Appellant's second assignment of error is sustained.
Having found error prejudicial to the appellant herein in the particulars assigned and argued, we reverse the judgments of the trial court. The cases are remanded to the trial court for further proceedings in accordance with this opinion.
Judgments reversed and cause remanded.
THOMAS F. BRYANT and HADLEY, JJ., concur.
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