Estate of Furia

California Court of Appeal Oct 24, 2002 No. A097519Published

Before: Gemello

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Holding. An equitably adopted child does not have the status of an heir under the Probate Code and therefore cannot inherit from a third party, such as a step-grandmother, who bequeaths property to the "surviving issue" of her children.

Issues

Does an equitably adopted child qualify as "issue" for purposes of inheriting under a will?
Does the doctrine of equitable adoption confer the status of an heir under the Probate Code?
Does the failure to satisfy the requirements of Probate Code section 6454 preclude an individual from inheriting as a child through a stepparent?

Disposition. affirmed

Quotations verified verbatim against the opinion

“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.”

“Of critical importance to this case, equity does not grant the equitably adopted child a right to inherit, and does not change her status as an heir.”

“The status of an equitably adopted child would not give Nanette the right to inherit from or through Quinto Jr.”

126 Cal.Rptr.2d 384 (2002) 103 Cal.App.4th 1 ESTATE OF Amelia FURIA, Deceased.

Irene Poli, as Executor, etc., Petitioner and Respondent,

Nanette Ann Furia Cameron, Claimant and Appellant.

No. A097519. Court of Appeal, First District, Division Five.

October 24, 2002. [385] Shapiro, Galvin, Shapiro, Piasta & Moran and Daniel J. Galvin III, Santa Rosa, for Petitioner and Respondent.

Steve H. Spiegelman, for Claimant and Appellant.

GEMELLO, J.

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? We hold that she does not. 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. The trial court denied Nanette Ann Furia Cameron's heirship petition, which sought to establish a right to inherit from the estate of her step-grandmother, and we affirm.

Background

The facts are undisputed. 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.

Amelia Furia (Amelia), Quinto Jr.'s mother, similarly treated Nanette as her granddaughter. She died testate on March 17, 2000. Her will named respondent Irene Poli (Poli), Nanette's paternal step-aunt, as executor. Poli filed her petition to administer Amelia's estate in June 2000. On October 1, 2001, Nanette filed an heirship petition, seeking to be declared an heir entitled to a distribution. There was no objection in the trial court. On December 27, 2001, the trial court denied

Estate of Furia

AI Brief

GEMELLO, J.

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DISCUSSION

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