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In re Estate of Lunsford4/7/2005
ility of support to their children and to prevent an abandoning parent from reaping an undeserved bonanza." McKinney, 357 N.C. at 489, 586 S.E.2d at 263. We also stated that the General Assembly had demonstrated its "unwillingness to allow an abandoning parent to take from an abandoned adult child as the result of a mechanicalapplication of the rules of intestate succession." Id. at 492, 586 S.E.2d at 265.
In analyzing the legislative intent behind the N.C.G.S. § 31A-2(2) exception, the Court of Appeals reached the eminently reasonable conclusion that " he exception essentially states that . . . a parent should not be denied the right to participate in intestate succession if he limits his role in his child's life to the parameters set out by a court." Lunsford II, 160 N.C. App. at 133, 585 S.E.2d at 251. We agree, at least when the abandoning parent complies with the express terms of a court order requiring contribution to the support of the child. An exception to the general rule of disinheritance is justified under such circumstances, because the legislative intent underlying section 31A-2 is not effectuated by the disinheritance of a non-custodial parent who provides the court-ordered level of material support. Put simply, a parent who "limits his role in his child's life to the parameters set out by a court" has not "shirk responsibility" to that child. Thus, our construction of N.C.G.S. § 31A-2(2) effectuates the legislative intent behind that exception.
We acknowledge that it would be inequitable to permit a parent who has complied with a child support order to inherit, while disinheriting a parent who has voluntarily supplied the same degree of support. Cf. Wells, 227 N.C. at 618, 44 S.E.2d at 34 (noting that "'parents are, regardless of any statute, under a legal as well as a moral duty to support, maintain, and care for their minor children'" (citation omitted)). We do not believe,however, that N.C.G.S. § 31A-2 would support such an incongruous result. If a parent voluntarily provides adequate "care and maintenance" for purposes of N.C.G.S. § 31A-2, that parent cannot be said to have abandoned the child in the first instance. As an exception to the general rule of disinheritance, N.C.G.S. § 31A- 2(2) comes into play only when a parent has failed to provide care and support of his or her own volition. As the Court of Appeals correctly noted, the exception provides that a parent should not be penalized for his or her failure to exceed the terms of a judicial child support order. Lunsford II, 160 N.C. App. at 133, 585 S.E.2d at 251. Accordingly, the statute should not be applied to the disadvantage of a parent who voluntarily provides adequate care and support. Such a parent can hardly be deemed in law to have abandoned his or her child.
Applying these principles to the case at bar, Lunsford is subject to disinheritance and does not qualify to inherit from his deceased child under the statutory exception. Lunsford did not voluntarily provide Candice with an adequate level of care and support and therefore abandoned the child under N.C.G.S. § 31A-2. Because he did not comply with the terms of a court order requiring support to be paid, Lunsford may not invoke the N.C.G.S. § 31A-2(2) exception.
In conclusion, the trial court's findings of fact provide ample support for its conclusion of law that Lunsford wilfully abandoned Candice under the meaning of N.C.G.S. § 31A-2, and neither of the statutory exceptions to section 31A-2 applies to the instant case. Lunsford is not entitled to share in anypart of Candice's estate. Accordingly, we reverse the decision of the Court of Appeals.
REVERSED.
Justice NEWBY did not participate in the consi
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