## Facts

- Joanne Wingate was born in 1963 while her mother was married to Willard Wingate; Joanne believed Willard was her biological father.
- Joanne’s mother allegedly concealed that John J. Ryan was Joanne’s biological father; Ryan allegedly maintained a long relationship with Joanne and provided financial support but did not publicly acknowledge paternity.
- Ryan died intestate on February 6, 1995.
- Ten days before Ryan’s death, Joanne’s mother told Joanne that Ryan was her natural father.
- The day after Ryan’s death, Joanne filed an action to establish that she and her son were Ryan’s heirs under the Probate Code.
- Court-ordered testing of Ryan’s remains established Ryan’s biological paternity; the estate did not contest paternity.
- The estate sought summary judgment, arguing the claim was barred by the Parentage Act’s limitations period requiring parentage actions to be brought by the child’s 23rd birthday.

## Issues

1. Whether the Parentage Act’s 23-year limitations period, N.J.S.A. 9:17-45(b), bars an intestacy action under the Probate Code, N.J.S.A. 3B:5-10, seeking to establish paternity for inheritance purposes.

## Decision

- The Supreme Court of New Jersey reversed the Appellate Division.
- The Court held that the Parentage Act’s 23-year limitations period does not govern intestacy proceedings brought under the Probate Code.
- The matter was remanded for further proceedings on the intestacy claim under the Probate Code framework.

## Legal Principles

- The Parentage Act and the Probate Code are independent statutory schemes serving different primary purposes; importing a limitations period from one statute into the other requires clear legislative direction.
- The 1991 amendment to N.J.S.A. 3B:5-10 incorporated the Parentage Act’s standard of proof for establishing paternity (preponderance of the evidence) but did not incorporate the Parentage Act’s limitations period.
- When the Legislature selectively incorporates one feature of another statute and omits another, courts treat the omission as intentional absent contrary evidence of legislative intent.
- Courts should not impose time limits that restrict inheritance rights under the Probate Code without explicit statutory authorization, particularly where an adult child may have lacked reasonable ability to learn of parentage within the Parentage Act period.

## Conclusion

The court held that a claimant may pursue an intestacy action to prove paternity for inheritance under the Probate Code without being barred by the Parentage Act’s 23-year limitations period, because the Legislature adopted only the Parentage Act’s burden of proof for Probate Code purposes and did not extend its time bar to inheritance claims.


Wingate v. Estate of Ryan, 149 N.J. 227, 693 A.2d 457 (N.J. 1997)