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
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.
Statutes construed
- CCP § 1858
- EVID § 451
- FAM § 9301
- PEN § 6454
- PROB § 26
- PROB § 6408
- PROB § 6454
Cited by (5)
- Estate of AMELIA FURIA, Deceased. IRENE POLI, as Executor, etc., Petitioner and Respondent, v. NANETTE ANN FURIA CAMERON, Claimant and Appellant (2002) 103 Cal. App. 4th 1
- Estate of GREGORY ALLEN BURDEN, Deceased. TARA BURDEN, Petitioner and Appellant, v. DALE AGNEW, Objector and Respondent (2007) 146 Cal. App. 4th 1021
- Estate of AMINE BRITEL, Deceased. JACKIE S. et al., Petitioners and Appellants, v. MOUNA BRITEL et al., Objectors and Respondents (2015) 236 Cal. App. 4th 127
- Estate of AMINE BRITEL, Deceased. JACKIE S. et al., Petitioners and Appellants, v. MOUNA BRITEL et al., Objectors and Respondents (2015) 236 Cal. App. 4th 127
- Estate of HASKELL J. DYE, Deceased. SCOTT T. DYE, Petitioner and Appellant, v. PHILLIP JOE BATTLES et al., Objectors and Respondents (2001) 92 Cal. App. 4th 966
Authorities cited (8)
- ESTATE OF MARGARET H. LIND, Deceased. GEORGE M. STEPHENSON, as Special Administrator, etc. Petitioner and Respondent, v. WARREN H. HAUGHEY, Contestant and Appellant; RICHARD BILLINGHURST et al., Claimants and Respondents 209 Cal.App.3d 1424
- Estate of BESSIE CLAFFEY, Deceased. MONROE THOMAS McKENZIE et al., Claimants and Appellants, v. DOROTHY CREEKS, Claimant and Respondent 209 Cal.App.3d 254
- ESTATE of JAMES CLEVELAND, Deceased. ANDRE CLEVELAND, Petitioner and Appellant, v. ANNETTE MAY THOMAS, as Trustee, etc., Objector and Respondent 17 Cal.App.4th 1700
- Estate of HELENA STEVENSON, Deceased. LINDA JACKSON et al., Petitioners and Appellants, v. JAMES C. STEVENSON, JR., et al., Claimants and Respondents 11 Cal.App.4th 852
- ESTATE OF MARGARET H. LIND, Deceased. GEORGE M. STEPHENSON, as Special Administrator, etc. Petitioner and Respondent, v. WARREN H. HAUGHEY, Contestant and Appellant; RICHARD BILLINGHURST et al., Claimants and Respondents 209 Cal.App.3d 1424
- Estate of BESSIE CLAFFEY, Deceased. MONROE THOMAS McKENZIE et al., Claimants and Appellants, v. DOROTHY CREEKS, Claimant and Respondent 209 Cal.App.3d 254
- ESTATE of JAMES CLEVELAND, Deceased. ANDRE CLEVELAND, Petitioner and Appellant, v. ANNETTE MAY THOMAS, as Trustee, etc., Objector and Respondent 17 Cal.App.4th 1700
- Estate of HELENA STEVENSON, Deceased. LINDA JACKSON et al., Petitioners and Appellants, v. JAMES C. STEVENSON, JR., et al., Claimants and Respondents 11 Cal.App.4th 852