Estate of AMINE BRITEL, Deceased. JACKIE S. et al., Petitioners and Appellants, v. MOUNA BRITEL et al., Objectors and Respondents
236 Cal. App. 4th 127 · G049161
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the probate court correctly denied the petition to establish heirship because the appellant failed to prove by clear and convincing evidence that the decedent had "openly held out" the child as his own under Probate Code section 6453, subdivision (b)(2), and that this statutory provision does not violate the equal protection rights of nonmarital children.
Statutes construed
- CCP § 377.60
- FAM § 3952
- FAM § 7555
- FAM § 7570
- FAM § 7600
- FAM § 7611
- FAM § 7630
- PROB § 6453
Cited by (1)
- Stennett v. Miller (2019) 245 Cal. Rptr. 3d 872
Authorities cited (10)
- Estate of RAYMOND DENIS SANDERS, Deceased. LAUREL S., a Minor, etc., Petitioner and Appellant, v. TERRY SANDERS, as Executor, etc., Objector and Respondent 2 Cal.App.4th 462
- Estate of EARNEST CHAMBERS, JR., Deceased. DARREN WAYNE CHAMBERS, Petitioner and Appellant, v. DORVAIL MONEY, Objector and Respondent 175 Cal.App.4th 891
- COUNTY OF SHASTA, Plaintiff and Appellant, v. TIMOTHY LEO CARUTHERS, Defendant and Respondent 31 Cal.App.4th 1838
- CHEYANNA M., a Minor, etc., Plaintiff and Appellant, v. A.C. NIELSEN COMPANY et al., Defendants and Respondents; ISABEL M. et al., Plaintiffs and Respondents, v. A.C. NIELSEN COMPANY et al., Defendants and Respondents 66 Cal.App.4th 855
- Taylor v. George 34 Cal.2d 552
- Jacobs v. Gerecht 6 Cal.App.3d 808
- Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent 17 Cal.4th 203
- Estate of GREGORY ALLEN BURDEN, Deceased. TARA BURDEN, Petitioner and Appellant, v. DALE AGNEW, Objector and Respondent 146 Cal.App.4th 1021
- Estate of RAYMOND DENIS SANDERS, Deceased. LAUREL S., a Minor, etc., Petitioner and Appellant, v. TERRY SANDERS, as Executor, etc., Objector and Respondent 2 Cal.App.4th 462
- Estate of LOUIS JOSEPH, Deceased. KIM BARNUM-SMITH, Petitioner and Appellant, v. JAMES C. JOSEPH, Objector and Respondent 17 Cal.4th 203