Supreme Court of Arkansas
Carmella Bell, Appellant v. Lana Eagle McDonald, Appellee
February 20, 20142014 Ark. LEXIS 127
Summary
The court affirmed dismissal of Bell's petition to inherit as a pretermitted child because Arkansas's inheritance statute required both a qualifying paternity or legitimacy condition and an action or claim against the estate within 180 days of the father's death. The court held that Bell had not satisfied either the statutory timing requirements or the constitutional challenges she raised. Justice Hart, joined by Justice Baker, dissented, arguing that the statute did not apply to Bell as a presumptively legitimate child and that the majority's interpretation improperly foreclosed her inheritance claim.