Sanders

Laurel S. v. Sanders

Good Law
2 Cal. App. 4th 462
Court of Appeal of CaliforniaJanuary 7, 1992No. D012616California5,284 words

Opinion

Lead 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.

Facts

In his will dated December 12, 1975, Sanders, an educator and filmmaker, bequeathed all of his property in equal shares to his three children: *466 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 special notice in the probate proceeding. Subsequently, on May 10, 1989, Christine filed a petition for heirship and…

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