Why a Puerto Rican Birth Certificate Was Not Enough to Defeat Inheritance in a Virgin Islands Probate Case
Virgin Islands Court Affirms Heirship in Estate Dispute Despite Conflicting Puerto Rican Birth Certificate, Underscoring Complex Interplay Between Territorial Probate Law; Full Faith and Credit; and Public Policy
Certified Apostille translations of birth certificates, foreign wills, and other foreign records are routinely admitted as evidence in U.S. probate cases to establish inheritance rights. In Matter of Estate of Calo, 2025 VI Super 8U, 2025 WL 947324 (Mar. 17, 2025), a long-running probate dispute from the U.S. Virgin Islands, the Superior Court in that territory recently affirmed a series of decisions that culminated in the recognition of Herminia Soto as an heir to the Estate of Gonzalo Calo—despite the existence of a Puerto Rican birth certificate listing another man as her father. The case highlights a nuanced intersection of probate law, full faith and credit, and local public policy in the U.S. territories.
The controversy centered around whether Soto could inherit from the decedent based on his written acknowledgment of paternity, even though an official birth certificate from Puerto Rico named someone else as her biological father. The Superior Court’s ultimate ruling: Yes, she could—and the Puerto Rican document, while entitled to consideration, did not trump local law that favors establishing familial relationships through formal acknowledgments made by the decedent.
This article walks through the legal background, procedural history, and the critical reasoning that led the Virgin Islands court to reject the Puerto Rican birth certificate as controlling evidence—despite the appellants’ full faith and credit arguments.
The Probate Dispute: Background
The probate dispute over the estate of Gonzalo Calo began in 2005 when Judith Wheatley petitioned the Probate Division of the Superior Court for letters of administration. Things soon became complicated when Herminia Soto surfaced with a conformed copy of a 1971 will, allegedly naming her as a beneficiary and referring to her as the decedent’s daughter.
Wheatley objected to the will and to Soto’s claim of heirship. However, the probate court found Soto’s copy of the will admissible in 2009 and ultimately issued letters testamentary to Soto in 2016, revoking Wheatley’s earlier appointment.
Over the years, the parties litigated a wide range of issues—ranging from the legal validity of a conformed copy of a will, to the status of corporate assets, to paternity, inheritance rights, and procedural missteps. The case eventually reached the Superior Court for appellate review in 2022.
Procedural Posture
Judith Wheatley and Jacob P. Calo filed a Petition for Review challenging several probate court rulings. They sought reversal of four major decisions:
1. The 2009 ruling admitting the conformed copy of the 1971 will.
2. The 2016 judgment recognizing Soto as an heir.
3. The 2016 decision on corporate estate assets.
4. The 2021 Final Adjudication distributing the estate.
The Superior Court analyzed each claim and affirmed every decision. While various legal principles were examined throughout the case, the most controversial—and legally complex—involved the recognition of Soto as Calo’s daughter despite documentary evidence to the contrary.
The Paternity Dispute
At the heart of the inheritance challenge was whether Herminia Soto could be considered the legal child of Gonzalo Calo. In support of her claim, Soto presented an affidavit signed by Calo in 1966 and the 1971 will, both identifying her as his daughter. In opposition, Wheatley pointed to Soto’s Puerto Rican birth certificate, which named a different man—Cruz Garcia—as her father. Wheatley contended that this certificate must be given full faith and credit under the U.S. Constitution, thus overriding any Virgin Islands legal determination of paternity.
The Puerto Rican birth certificate became a linchpin in the appeal, with the appellants arguing it definitively excluded Soto as a legitimate heir.
Full Faith and Credit: Not Absolute
The Full Faith and Credit Clause of the U.S. Constitution generally requires states and territories to recognize public acts, records, and judicial proceedings of other states. However, courts have long recognized that this obligation is not absolute—particularly where the foreign act conflicts with important local public policy.
The Superior Court noted that full faith and credit does not require courts to blindly accept legislative acts (like birth certificates) from other jurisdictions when they are contrary to local statutes and norms. In this case, Virgin Islands law strongly favors legitimacy and allows individuals to be recognized as heirs based on a written acknowledgment of paternity.
The Court emphasized that the Puerto Rican birth certificate lacked a sworn acknowledgment of paternity from the individual named as the father (Garcia). This omission made it less persuasive as a legal obstacle to Soto’s claim under 15 V.I.C. § 84(13), which governs legitimization for purposes of intestate succession.
Virgin Islands Law on Legitimacy
Under 15 V.I.C. § 84(13), an illegitimate child may inherit from the father if the father acknowledges the child in writing. Importantly, the statute does not require a biological relationship or a judicial determination of paternity.
The Court found that Gonzalo Calo’s 1966 affidavit and 1971 will, both referring to Soto as his daughter, were valid acknowledgments that satisfied § 84(13). Further, the Court rejected the appellants’ claim that the statute should apply only to minors. Citing local precedent and the legislative intent to promote legitimacy, the Court held that § 84(13) applies equally to adults.
The probate court had previously denied a motion to compel DNA testing, stating that it lacked statutory authority to require such a test. The Superior Court affirmed that finding, stressing that biological proof is not a requirement when a written acknowledgment exists.
No Reversible Error in Not Giving Puerto Rican Birth Certificate Controlling Weight
In affirming the Magistrate’s decision, the Superior Court found no reversible error in refusing to give controlling weight to the Puerto Rican birth certificate. It reasoned that the document’s contents did not conflict with Calo’s formal and lawful acknowledgment of paternity under Virgin Islands law.
Rather than establish exclusive parental rights for Cruz Garcia, the certificate merely recorded birth information that was not supported by a sworn statement of paternity. In contrast, Calo’s own statements—made voluntarily and in writing—were sufficient to establish a legal parent-child relationship under territorial law.
Addressing Other Challenges
While the Puerto Rican birth certificate was central to the heirship issue, the Court also addressed and rejected several other challenges:
• Admission of the Will: The appellants argued that the conformed copy of Calo’s 1971 will should not have been admitted. The Court disagreed, noting that credible testimony and surrounding circumstances supported the finding that the original was destroyed, not revoked. The copy met statutory requirements for execution.
• Corporate Asset Classification: The appellants argued that Calo’s bequest of a 50% interest in one corporation (Gonzalo Calo & Co., Inc.) was nullified by the creation of a successor company (Gonzalo Calo Enterprises, Inc.). The Court ruled that there was no ademption because the Decedent merely restructured the business; the underlying interest remained in the estate and could be passed to Soto.
• Procedural Error in Summary Judgment: The Court acknowledged that the Magistrate erred in sua sponte converting Soto’s opposition pleading into a motion for summary judgment without notice. However, this error was deemed harmless because the facts were undisputed and the outcome would have been the same.
• Final Adjudication: The Court found no fault with the Final Adjudication issued in 2021. All procedural steps had been followed, objections resolved, and distributions made in accordance with the Will.
Why This Case Matters
This case demonstrates that legal parentage for inheritance purposes is not always determined by birth certificates or biology. The Virgin Islands statute prioritizes written acknowledgment of paternity over other forms of proof. In practical terms, this offers flexibility in estate planning and reflects a policy preference for recognizing familial bonds that the decedent intended to establish.
It also illustrates how courts balance the Full Faith and Credit Clause with their own laws and public policy. While courts generally respect official documents from other jurisdictions, they are not required to apply them blindly if doing so would undermine local statutes or core legal principles.
Finally, the decision shows that procedural errors—while important—do not always result in reversal if they do not materially affect the parties’ rights. Courts will look at whether the substance of the decision was fair and legally sound, even if the form was flawed.
Intent Prevails Over Paperwork
In In re Estate of Gonzalo Calo, the Virgin Islands Superior Court upheld a series of rulings that ultimately allowed Herminia Soto to inherit from her father’s estate, despite the existence of a conflicting Puerto Rican birth certificate. The decision reaffirms the power of written acknowledgments under Virgin Islands law and signals that formal documents from other jurisdictions are not absolute if they contradict local legal standards or policy objectives.
By emphasizing legitimacy, honoring a decedent’s intentions, and applying statutory language liberally, the Court ensured that Soto’s right to inherit was protected—even in the face of documentary evidence that might have suggested otherwise.
As estates grow more complex and involve multiple jurisdictions, this case serves as a reminder to probate practitioners: not all official records are conclusive. Therefore, understanding the interplay of local and federal doctrines is critical to advising clients and defending their rights.
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