Jackson v. Stevenson

Respondents sought to share in Helena Stevenson’s (Helen) estate. (Prob. Code, § 6408, subd. (e).) Appellants contested respondents’ inheritance rights. After a court trial, judgment was entered for respondents. For reasons we shall explain, we affirm.

Facts and Procedural Background

Respondents are Helen’s stepchildren. Appellants are Helen’s natural children and grandchildren. When Helen died intestate in May 1990, respondents sought to share in her estate. Their claim was based upon section 6408, subdivision (e).

Section 6408, subdivision (e) permits a stepchild or foster child to inherit if certain conditions are met. In particular, section 6408 provides, “For the purpose of determining intestate succession by a person or his or her descendants from or through a foster parent or stepparent, the relationship of parent and child exists between that person and his or her foster parent or stepparent if (1) the relationship began during the person’s minority and continued throughout the parties’ joint lifetimes and (2) it is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a legal barrier.”

During…