Estate of Sanders

Seltzer, Caplan, Wilkins & McMahon, Bonnie Nelson Reading and Elinor T. Merideth for Objector and Respondent.

OPINION

TODD, J.

Christine S. (Christine), as guardian ad litem for her daughter Laurel, appeals an order denying a petition for heirship filed on behalf of Laurel in the probate of the estate of Laurel's putative father, Raymond Denis Sanders (Sanders). The order also rejected a request by Christine that DNA (genetic) tests be ordered to establish Sanders was Laurel's father.

In his will dated December 12, 1975, Sanders, an educator and film-maker, bequeathed all of his property in equal shares to his three children: Victoria Sanders; Peter N. Sanders, and Juliette Sanders. Sanders died on December 11, 1987. At the time, Sanders was married to Sherri Warren-Sanders. Their marriage occurred after the will was executed, making her a pretermitted heir. (See Prob. Code, [1] § 6560.) Sanders's will was admitted to probate, and his brother, Terry Sanders, was appointed personal representative.

Laurel was born September 4, 1978. Her mother, Christine, claims Laurel's father was Sanders.

On March 24, 1989, Christine, as guardian ad litem for Laurel, filed a request for…