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appealprobatecompliance

appealprobate

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Estate of Griswold, 25 Cal.4th 904, 24 P.3d 1191, 108 Cal.Rptr.2d 165, 01 Cal. Daily Op. Serv. 5116, 2001 Daily Journal D.A.R. 6305

Facts

Denis H. Griswold was born out of wedlock and was believed to be the son of Fred Griswold until he learned otherwise later in life. His biological father, John Draves, acknowledged paternity in a court proceeding and paid child support for 18 years. After Griswold's death, his wife petitioned to distribute his estate to herself, but an heir finder objected, claiming rights for Draves's children, who were unaware of Griswold's existence until after his death. The probate court initially denied the heir finder's petition, leading to an appeal.

Denis H. Griswold died intestate in 1996, survived by his wife, Norma B. Doner–Griswold. Doner–Griswold petitioned for and received letters of administration and authority to administer Griswold's modest estate, consisting entirely of separate property.

Issue

Does the voluntary admission of paternity by a father in a foreign bastardy proceeding constitute an acknowledgment of parentage for the purposes of inheritance by the father's surviving half-siblings under California Probate Code section 6452?

In this case, we must determine whether section 6452 precludes the half siblings of a child born out of wedlock from sharing in the child's intestate estate where the record is undisputed that their father appeared in an Ohio court, admitted paternity of the child, and paid court-ordered child support until the child was 18 years old.

Rule

Under California Probate Code section 6452, a natural parent or relative of that parent can inherit from a child born out of wedlock only if the parent acknowledged the child and contributed to the child's support or care.

Section 6452 of the Probate Code (all statutory references are to this code unless otherwise indicated) bars a 'natural parent' or a relative of that parent from inheriting through a child born out of wedlock on the basis of the parent and child relationship unless the parent or relative 'acknowledged the child' and 'contributed to the support or the care of the child.'

Analysis

The court found that John Draves's confession of paternity in the Ohio court constituted an acknowledgment under section 6452. The court reasoned that Draves's public admission in a legal proceeding, combined with his compliance with child support obligations, satisfied the acknowledgment requirement. The court emphasized that the lack of direct communication between Draves and Griswold did not negate the acknowledgment established by the court's judgment.

Although the record establishes that Draves did not speak of Griswold to Margaret and Daniel, there is no evidence suggesting he sought to actively conceal the facts from them or anyone else. Under the plain terms of section 6452, the only sustainable conclusion on this record is that Draves acknowledged Griswold.

Conclusion

The Supreme Court affirmed the Court of Appeal's decision, allowing Griswold's half-siblings to inherit from his estate based on the acknowledgment of paternity by their father.

Affirmed.

Who won?

The half-siblings of Denis H. Griswold prevailed because the court determined that their father had legally acknowledged Griswold as his child, thus allowing them to inherit under the intestacy laws.

The Court of Appeal disagreed on both points and reversed the order of the probate court.

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