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Keywords

contracttrialprobatewilladoption

contracttrialprobatewilldivorceadoption

Related Cases

Estate of Furia, 103 Cal.App.4th 1, 126 Cal.Rptr.2d 384, 02 Cal. Daily Op. Serv. 10,652, 2002 Daily Journal D.A.R. 12,271

Facts

Nanette Ann Leach was born in 1952 and became known as Nanette Ann Furia after her mother married Quinto Furia, Jr. at the age of four. Although Quinto Jr. attempted to adopt her, the process was discontinued due to the inability to locate her biological father. Nanette was raised as Quinto Jr.'s daughter and treated as such by her step-grandmother, Amelia Furia. After Amelia's death in 2000, Nanette filed a petition to be recognized as an heir to Amelia's estate, which was denied by the trial court.

Nanette Ann Leach (Nanette 1 ) was born in 1952. When she was two, her parents divorced, and her biological father severed all ties with her. When she was four, her mother married Quinto Furia, Jr. (Quinto Jr.), and Nanette became known as Nanette Ann Furia. Quinto Jr. began adoption proceedings in 1957, but discontinued them when Nanette's biological father could not be located. Instead, Nanette was given a Roman Catholic baptism as Nanette Ann Furia. Quinto Jr. raised Nanette as his daughter, and they continued to treat each other as father and daughter in all respects until his death in 1991. When he passed away, Nanette and Quinto Jr.'s biological children shared equally in his estate.

Issue

Does an equitably adopted child have a right to inherit the property of her testate 'grandparent,' whose will directs that her property shall go to the 'surviving issue' of her own children?

Rule

The doctrine of equitable adoption creates a contractual right to receive property, but it does not convey to the equitable child all the rights of an heir under the Probate Code.

Analysis

The court analyzed the requirements for intestate succession and the definition of 'issue' under the Probate Code. It determined that Nanette did not meet the statutory definition of 'child' because she could not inherit from Quinto Jr. under section 6454, nor did the doctrine of equitable adoption grant her the right to inherit from Amelia's estate. The court emphasized that equitable adoption does not equate to legal heirship.

Conclusion

The court affirmed the trial court's decision, concluding that Nanette was not entitled to inherit from her step-grandmother's estate.

Who won?

Irene Poli, the executor of Amelia's estate, prevailed because the court found that Nanette did not qualify as an heir under the Probate Code.

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