The Surrogate's Court in Erie County has made a significant ruling regarding the inheritance rights of the children of Vernon Leroy Mack, Sr., who died without a will on December 25, 2022. The court's decision, issued on April 3, 2026, clarifies which of Mack's alleged children are entitled to inherit from his estate, impacting the financial futures of those involved.
At the center of this case are Mack's six alleged non-marital children: Marquita D. Mack, Vernon L. Mack II, Amina Mack, De'Von C. Johnson, Xavier Sellers, and Joshua Mack. The court's ruling is crucial as it determines the heirs of Mack's estate and addresses the complexities surrounding inheritance rights, particularly in cases involving adoption.
The case, filed under Docket No. 2023-2415/A, began when Marquita and Vernon II filed a petition for letters of administration on May 31, 2023. They sought to establish themselves as co-administrators of Mack's estate, identifying the six alleged children as his only heirs. The court initially issued letters of administration with limitations, requiring a determination of kinship before the estate could be distributed.
As the case progressed, a kinship hearing was held on November 21, 2024, to establish the rightful heirs of Mack's estate. The court had previously determined that Mack was never married and had seven biological children, including Felicia, who predeceased him. The court found that three of the children had established paternity through court orders, while two others were acknowledged as his children. However, the status of Xavier Sellers remained unclear due to his adoption.
On April 3, 2026, Judge Acea M. Mosey issued a ruling that clarified the inheritance rights of Mack's children. The court found that Xavier was indeed a biological child of Mack but had been adopted out, which affected his ability to inherit. The judge stated, "Xavier is not entitled to inherit from decedent pursuant to DRL 117." This ruling effectively closed the class of heirs, confirming that only five of Mack's children—Marquita, Vernon II, Amina, De'Von, and Joshua—are entitled to inherit from his estate.
The court's decision emphasized the importance of proving kinship in inheritance cases. Under New York law, non-marital children can inherit from their birth fathers if paternity is established through various means, such as court orders or acknowledgments. The ruling highlighted that claimants must provide credible evidence of their relationship to the decedent and demonstrate that no other heirs exist.
The ruling has significant implications for the children of Vernon Mack, as it clarifies their rights to his estate. With the class of heirs now closed, the five surviving children can move forward with the administration of their father's estate, ensuring that they receive their rightful inheritance.
This case also underscores the complexities surrounding inheritance rights in cases involving adoption. The court's decision regarding Xavier Sellers illustrates the legal challenges that can arise when determining the rights of adopted individuals in relation to their biological parents.
Moving forward, this ruling sets a precedent for similar cases involving non-marital children and adoption in New York. It emphasizes the necessity for clear documentation and evidence in establishing inheritance rights, which could impact future disputes over estates.
As of now, it is unclear if any party intends to appeal the ruling. The court has made its decision based on the evidence presented, and the matter of inheritance for the children of Vernon Mack appears to be settled. However, if any new evidence arises or if any parties contest the decision, further legal action may be pursued.