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Keywords

statuteappealtrialprobatewilladoption

statuteappealtrialadoption

Related Cases

In re Estate of Dye, 92 Cal.App.4th 966, 112 Cal.Rptr.2d 362, 01 Cal. Daily Op. Serv. 8744, 2001 Daily Journal D.A.R. 10,823

Facts

Haskell J. Dye had two natural sons who were adopted away by their mother's new husband in 1959, severing their inheritance rights under the law at that time. However, a law change in 1985 allowed adopted-out children to inherit from their natural parents if the adoption was by a stepparent. After Dye's second wife Eleanor died in 1999, he left his estate to her in a will. Following his death, his adopted-in son Scott petitioned to probate the estate, but the adopted-out sons and their issue objected, seeking to share in the estate.

Decedent Haskell J. Dye had two natural sons who were adopted away (with his consent) by his first wife's new husband (Arthur Battles) in 1959.

Issue

Whether the adopted-out children of the decedent are entitled to inherit from his estate under the current law allowing such rights.

We first conclude the new law enables the objectors to take a share of the decedent's estate.

Rule

Under California law, adopted-out children can inherit from their natural parents if the adoption was by a stepparent, as per the statute effective January 1, 1985.

Now an adoption severs the blood relationship 'unless both of the following requirements are satisfied: [¶] (1) The natural parent and the adopted person lived together at any time as parent and child[.][¶] (2) The adoption was by the spouse of either of the natural parents[.]'

Analysis

The court applied the current inheritance laws, which allow adopted-out children to inherit from their natural parents when the adoption was by a stepparent. The court found that the decedent's adopted-out sons met the criteria set forth in the statute, thus entitling them to a share of the estate. The court also ruled that the decedent's will did not contain any ambiguity that would allow for extrinsic evidence regarding his intentions to exclude the adopted-out children.

Application of these statutes allows the objectors to inherit part of the estate, which, based on the evidence would be divided into thirds: One-third to Scott (an adopted-in son of the decedent); one-third to Phillip Joe (an adopted-out son who satisfies the new statute) and one-third to the heirs of Jimmie Dean (also an adopted-out son who satisfies the new statute).

Conclusion

The Court of Appeal affirmed the trial court's decision, allowing the adopted-out children to inherit from the decedent's estate.

Accordingly, like any other case of intestacy, the courts must apply the default provisions of the intestacy rules set forth by the Legislature.

Who won?

The objectors, who were the adopted-out children and their issue, prevailed because the court found they were entitled to inherit under the applicable statute.

The trial court granted their heirship petition and Scott filed a notice of appeal.

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Dunklin v. Ramsay, 328 Ark. 263, 944 S.W.2d 76

Estate of Saueressig, 38 Cal.4th 1045, 136 P.3d 201, 44 Cal.Rptr.3d 672, 06 Cal. Daily Op. Serv. 5356, 06 Daily Journal D.A.R. 7911

Sarte v. Pidoto, 129 N.J.Super. 405, 324 A.2d 48

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