Sanders

Appellant Mary Lou Sanders, cotrustee of the Marion C. Sanders Trust (the Trust), appeals from the probate court’s order denying her petition and finding that her adopted son, Andrew J. Wallace, is not a beneficiary of the Trust. Mary is the income beneficiary of the Trust. The Trust provides that, upon Mary’s death, Mary’s “issue” will receive the Trust’s assets, and it defines “issue” to include “adopted children.” However, the probate court concluded that Andrew did not fall within this definition of “issue” because he had been adopted as an adult under Texas adoption statutes. The probate court believed that a Texas parent-child relationship did not encompass the same rights and duties as a California parent-child relationship. We conclude that the probate court’s decision is not supported by the law. Hence, we reverse its order and remand with directions to grant Mary’s petition.

I. Background

Mary is the only child of the marriage of Marion C. Sanders and Herbert H. Sanders. Mary’s half brother, George, is Herbert’s son and Marion’s stepson. Respondent Jody Lynn Sanders Yanez is George’s eldest daughter.

In 1975, Marion executed a will prepared by a California…