Estate of HASKELL J. DYE, Deceased. SCOTT T. DYE, Petitioner and Appellant, v. PHILLIP JOE BATTLES et al., Objectors and Respondents
92 Cal. App. 4th 966 · C035887
California Court of Appeal, Third Appellate District · Filed
Holding
The court held that the intestacy laws in effect at the time of a decedent's death, not those in effect at the time of an adoption, govern the inheritance rights of an adopted-out child, and that the antilapse statute does not apply to a predeceased spouse because a spouse is not considered "kindred" under the statutory definition.
Statutes construed
- CIV § 1310
- PROB § 1303
Cited by (7)
- 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 EMIL DeLORETO, Deceased. MILDRED LAVADO et al., Petitioners and Appellants, v. JAMES M. DeLORETO, as Trustee, etc., et al., Objectors and Respondents (2004) 118 Cal. App. 4th 1048
- Estate of GREGORY ALLEN BURDEN, Deceased. TARA BURDEN, Petitioner and Appellant, v. DALE AGNEW, Objector and Respondent (2007) 146 Cal. App. 4th 1021
- LORRIN BROWN, Plaintiff and Appellant, v. FRUMEH LABOW et al., Defendants and Respondents (2007) 157 Cal. App. 4th 795
- CITIZENS BUSINESS BANK, as Trustee, etc., Plaintiff and Respondent, v. JONATHAN CARRANO, Defendant and Appellant; DONNA KAZANJIAN et al., Defendants and Respondents (2010) 189 Cal. App. 4th 1200
- Schwan v. Permann (2018) 239 Cal. Rptr. 3d 427
- Trolan v. Trolan (2019) 243 Cal. Rptr. 3d 264
Authorities cited (11)
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent 5 Cal.App.4th 1173
- Hoover v. Hartman 136 Cal.App.3d 1019
- Estate of WARBURTON C. WEBB, Deceased. BERNARD R. FOY, as Executor, etc., Petitioner and Respondent, v. WARBURTON C. WEBB, JR., Claimant and Appellant 76 Cal.App.3d 169
- Estate of JAMES W. DODGE, Deceased; BARBARA DODGE GILL, Petitioner and Appellant, v. DOLORES STONE, Claimant and Respondent 6 Cal.3d 311
- Estate of EMMA C. HEARD, Deceased. JOHN W. HEARD, JR., Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Appellants 107 Cal.App.2d 225
- Newman v. Wells Fargo Bank 14 Cal.4th 126
- Estate of LOUIS WILLIAM HART, Deceased. KEVIN LAW HART, Petitioner and Respondent, v. SHEILA WIDOE, as Administratrix, Etc., Objector and Appellant 209 Cal.Rptr. 272
- Estate of LOUIS WILLIAM HART, Deceased. KEVIN LAW HART, Petitioner and Respondent, v. SHEILA WIDOE, as Administratrix, Etc., Objector and Appellant 165 Cal.App.3d 392
- Estate of LOUISE AMELIA GOULART, Deceased. ROSA A. XAVIER et al., Plaintiffs and Appellants, v. LOUIS S. AMARAL et al., Defendants and Respondents 222 Cal.App.2d 808
- Estate of LULU DOLAN, Deceased. MAE MARIA WILSON, Appellant, v. BERTHA E. SCHNAUSS, as Administratrix, etc., et al., Respondents 169 Cal.App.2d 628
- Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent 17 Cal.4th 203