Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent

17 Cal. 4th 203 · S060863

California Court of Appeal, Supreme Court · Filed

Published · citable Cited by 5 Cites 8

Holding

The court held that Probate Code section 6454 requires that any legal barrier to adoption, which prevents a foster or stepparent from adopting their child, must persist continuously from the child’s minority until the death of the foster or stepparent, and that the failure to pursue an adult adoption or execute a will after the legal barrier has dissolved constitutes evidence against the existence of the requisite intent to adopt.

Cited by (5)

Authorities cited (8)

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