Estate of Cleveland
Opinion
Opinion
Grignon, J.
On February 9, 1991, James Cleveland (decedent) died intestate. This appeal concerns whether appellant Andre Cleveland is entitled to a share of decedent’s estate. Appellant filed two petitions in probate court which sought to order respondent Annette May Thomas, trustee of the James Cleveland Trust, to convey certain real and personal property to the personal representative of decedent’s estate. Respondent brought a successful motion for summary judgment on the ground that appellant was not an “interested person” and therefore lacked standing to file the petitions. Appellant contends that he is an interested person pursuant to Probate Code section 6408, subdivision (e). Section 6408, subdivision (e) provides that a foster child or stepchild in a continuous parent-child relationship with a decedent may share in the decedent’s estate where clear and convincing evidence establishes that the decedent would have adopted the foster child or stepchild but for a legal impediment to the adoption. We conclude that no legal impediment to appellant’s adoption by decedent existed as a matter of law and affirm the judgment of the probate court.