California Appeals Court Says That Acknowledged Paternity Gives Man Right To Inherit

According to a California Appeals Court, evidence that a deceased person, while he was alive, acknowledged someone as his biological child on a number of occasions is enough to establish that the decedent and the individual had a father-child relationship for inheritance right purposes under California probate law.

The court was affirming a ruling by the Ventura Superior Court judge, who determined that an Ohio man was entitled to an equal share of his biological father’s estate. His biological father did not leave a will.

In 1971, Dale Agnew was born to Oxnard resident Gregory Burden and Sally Routt. Upon discovering Routt’s pregnancy, Burden proposed marriage and did not deny that he was Agnew’s father. Routt turned down his proposal and married Chris Agnew, who is named as Dale's father on the birth certificate.

Agnew did not know that Burden was his biological father while growing up in Ohio, until he turned 18 and his mother told him about Burden. Agnew later met Burden’s siblings and grandmother. When Agnew spoke with Burden over the phone for the first time, Burden said he was sorry for being an “inactive” father and informed him that he had a half-sister—although Burden did not want Agnew to meet her.

Tina Burden, born to Burden and then-wife Linda Eve, grew up in her mother’s custody but remained close to her father until he died in 2004.

Burden later sent a letter to Agnew telling him that he did not want to be a part of his son’s life. They last spoke to one another in 1995, but Agnew remained close to Burden’s family and sent Burden cards and family photos on a regular basis. According to Agnew, his half-sister did not know that Burden was his father.

As Burden did not leave a will after he passed away. Agnew says that under Calfornia’s intestate succession laws, he is entitled to an equal share of his father’s estate. Ventura Superior Court agreed, ruling that even though paternity had never been legally established, there was enough evidence to prove, for intestate succession purposes, that there was an established father-child relationship.

According to Probate Code Sec. 6453(b)(2):

For the purpose of determining whether a person is a "natural parent" as that term is used in this chapter:

(a) A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).

(b) A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist:

(1) A court order was entered during the father's lifetime declaring paternity.
(2) Paternity is established by clear and convincing evidence that the father has openly held out the child as his own.
(3) It was impossible for the father to hold out the child as his own and paternity is established by clear and convincing evidence.
(c) A natural parent and child relationship may be established pursuant to Section 249.5.

Sagaria Law, P.C. handles estate planning matters, including wills, living trusts, and living wills, for clients living in Monterey County, Alameda County, and Santa Clara County, as well as the surrounding areas, including the cities of Saratoga, Sunnyvale, Oakland, and Fremont. Contact Sagaria Law, P.C. today.

C.A.: Acknowledgment of Paternity Enough to Give Inheritance Rights, Metnews.com, January 17, 2007

California Codes, Probate Code Section 6450-6455

Related Web Resources:

Probate Court: How To Probate A Decedent's Estate, Superior Court of California, County of Santa Clara

Do I Need A Will? The State Bar of California