California Legal Implications: Expanding Stepchild Rights in Intestate Succession
A recent decision by the California Court of Appeal has significantly impacted how stepchildren may inherit assets when a stepparent passes away without a will. As detailed in the *Estate of Martino* opinion found here, the court affirmed that a stepchild may have standing to inherit under the doctrine of presumed parentage, even if they were never legally adopted and cannot prove that a legal barrier prevented adoption., even if they were never legally adopted and cannot prove that a legal barrier prevented adoption.
This ruling highlights the complexities of intestate succession in California and underscores the critical importance of creating a clear Will or Living Trust to define exactly who should—and should not—inherit your estate. to define exactly who should—and should not—inherit your estate.
The Complexity of Blended Families and Intestacy
When a resident of California passes away intestate (without a valid estate plan), the California Probate Code determines how assets are distributed. Generally, biological and legally adopted children are the default heirs. Historically, unadopted stepchildren were excluded from automatic inheritance unless they could satisfy the strict requirements of Probate Code section 6454. (without a valid estate plan), the California Probate Code determines how assets are distributed. Generally, biological and legally adopted children are the default heirs. Historically, unadopted stepchildren were excluded from automatic inheritance unless they could satisfy the strict requirements of Probate Code section 6454.
Section 6454 typically requires a stepchild to prove two things:
1. The relationship began during the child’s minority and continued until the parent’s death.
2. There would have been an adoption but for a specific “legal barrier” (such as a biological parent refusing consent) that existed for the decedent’s lifetime.
The Shift: Presumed Parentage Under the Uniform Parentage Act
In the *Estate of Martino*, the court clarified that Section 6454 is not the exclusive path for a stepchild to claim heirship. The court looked to the Uniform Parentage Act, specifically applying the concept of presumed parentage..
The court ruled that a stepchild acts as a “natural child” for succession purposes if the decedent:
– Received the child into their home.
– Openly held the child out as their natural child.
In this specific case, the stepson, Nick, was treated as a son by the decedent. Although Nick was not biologically related and never adopted, and he admitted he could not prove a legal barrier to adoption existed until the decedent’s death, the court found he was still an heir. Because the decedent publicly treated Nick as his own child, the law presumed a parent-child relationship existed, entitling Nick to a share of the estate alongside the decedent’s biological children.
Why This Matters for Your Estate Plan
This ruling creates both opportunities and risks for California families, particularly those in blended households.
1. Unintended Heirs: If you assume that your unadopted stepchildren will automatically *not* inherit your estate, you may be mistaken. If your behavior meets the legal standard of “holding them out” as your own, they may have a valid claim to your assets, potentially reducing the share available to your biological children.
2. Unintended Disinheritance: Conversely, if you want a stepchild to inherit but fail to create a Will or Trust, relying on this court ruling is risky and expensive. Your stepchild would have to litigate against other heirs to prove their status, draining estate assets in legal fees.
3. The Solution: The only way to ensure your assets go exactly where you intend—whether that includes or excludes stepchildren—is to execute a comprehensive estate plan. A Revocable Living Trust explicitly names your beneficiaries, bypassing the ambiguity of the Probate Code and preventing family disputes after you are gone. and preventing family disputes after you are gone.
About This Case
Source: Estate of Martino: When a Stepchild Can Inherit in California Intestate Succession
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Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.