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Estate of Ginochio, 43 Cal.App.3d 412, 117 Cal.Rptr. 565

Facts

Seane Ginochio was born on July 15, 1961, as the natural child of Marietta Cartillar and Edward J. Ginochio, who was married to Perrina J. Ginochio at the time. A paternity action was brought against Edward, resulting in a court finding him to be Seane's father and ordering him to pay child support. Edward later executed a will leaving his estate to Perrina and their legitimate daughter, Rosemarie, explicitly excluding any other claims to his estate, including Seane's.

Seane Ginochio was born on July 15, 1961, as the natural child of Marietta Cartillar and Edward J. Ginochio, who was married to Perrina J. Ginochio at the time.

Issue

Whether Seane Ginochio qualified as an heir under California Probate Code section 255 and was entitled to notice of the probate hearing.

Whether Seane Ginochio qualified as an heir under California Probate Code section 255 and was entitled to notice of the probate hearing.

Rule

Under California Probate Code section 255, an illegitimate child is an heir of the mother and of the person who acknowledges himself as the father in writing, signed in the presence of a competent witness.

Under California Probate Code section 255, an illegitimate child is an heir of the mother and of the person who acknowledges himself as the father in writing, signed in the presence of a competent witness.

Analysis

The court determined that the judicial finding of paternity did not satisfy the statutory requirement for acknowledgment of paternity. Edward had never publicly acknowledged Seane as his son, nor had he treated him as a legitimate child. The court emphasized that the law requires a clear acknowledgment in writing, which was absent in this case.

The court determined that the judicial finding of paternity did not satisfy the statutory requirement for acknowledgment of paternity.

Conclusion

The court affirmed the lower court's decision, concluding that Seane did not qualify as an heir under section 255 and was not entitled to notice of the probate hearing.

The court affirmed the lower court's decision, concluding that Seane did not qualify as an heir under section 255 and was not entitled to notice of the probate hearing.

Who won?

Perrina J. Ginochio, as the prevailing party, because the court upheld the validity of Edward's will and the exclusion of Seane from inheritance.

Perrina J. Ginochio, as the prevailing party, because the court upheld the validity of Edward's will and the exclusion of Seane from inheritance.

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