APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 737-971, DIVISION
"L" HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, DARLENE GORE BREMERMAN &
TAMMY GORE Samuel S. Dalton, Remy V. Starns, Adam
COUNSEL FOR DEFENDANT/APPELLEE, SUCCESSION OF CLAUDETTE GORE,
JOANN CHATELAIN, DULY APPOINTED ADMINISTRATRIX AND ROBERT M.
GORE, JR. Michelle M. Davis, Mark G. Duncan.
composed of Robert A. Chaisson, Robert M. Murphy, and Hans J.
A. CHAISSON JUDGE.
Gore Bremermann and Tammy Gore appeal an amended judgment of
the trial court which recognized their brother, Robert Mack
Gore, Jr., as a son and legitimate heir of their mother,
Claudette Barilleaux Gore. For the following reasons, we
amend the judgment of the trial court and affirm that
judgment as amended.
AND PROCEDURAL HISTORY
Mack Gore, Jr. ("Robert, Jr.") was born on March
10, 1970, at Sara Mayo Hospital in New Orleans, Louisiana.
The birth certificate filed on March 20, 1970, lists Robert
Mack Gore, Sr. ("Robert, Sr.") as his father, and
Claudette Barilleaux Gore as his mother. Robert, Jr. was
raised in the Gore household with two sisters, Darlene and
Tammy, Claudette's biological daughters from a previous
marriage, who were adopted by Robert, Sr. upon his marriage
to Claudette. Robert, Sr. and Claudette always held Robert,
Jr. out to the world as their biological child. However,
according to Robert, Jr., on his eighteenth birthday he was
told by his parents that he was not their biological child,
but rather the biological child of Robert, Sr.'s sister,
Donna Boren, and that Robert, Sr. and Claudette had agreed to
adopt and raise him as their own child. Until this
revelation, Robert, Jr. had no indication that he may not be
the biological child of Robert, Sr. and Claudette, and he had
no knowledge of the alleged alternative circumstances of his
birth. Likewise, according to Darlene, Robert, Jr.'s
sisters had no knowledge that he may have been adopted until
their parents revealed this information to them when they
were adults. Following this revelation, the filial
relationship of Robert, Jr. to his parents continued until
the deaths of Robert, Sr. and Claudette.
Sr. died intestate on January 30, 1994. Shortly thereafter,
in April of 1994, Claudette, Darlene, Tammy, and Robert, Jr.
jointly filed a Petition for Possession and an Affidavit of
Death and Heirship in Robert, Sr.'s succession, wherein
the parties recognized Claudette as Robert, Sr.'s
surviving spouse and Darlene, Tammy, and Robert, Jr. as his
only children and heirs. The Affidavit of Death and Heirship,
executed by Claudette and Robert, Jr., alleged that all three
children were adopted by Robert, Sr. At that time, no one
disputed Robert, Jr.'s status as an heir of Robert, Sr.,
nor did anyone challenge the allegation that he is the
adopted son of Robert, Sr. After obtaining a Judgment of
Possession for Robert, Sr.'s succession, the three
children executed a donation inter vivos whereby
they donated their rights, title and interest in Robert,
Sr.'s property to their mother, Claudette.
who never remarried, died intestate on March 8, 2013. On May
1, 2014, Robert, Jr. filed a Petition for the Appointment of
Succession Administrator, which stated that he, Darlene, and
Tammy are the sole heirs of Claudette, and alleged that
Darlene and Tammy were converting Claudette's assets and
funds, living in her home, and refusing to communicate with
Robert, Jr. or allow him access to the home to recover his
personal property. He also requested that Joann Chatelain,
Claudette's sister-in-law, be appointed administratrix of