Legal Doctrine Of Equitable Adoption - 3968 Words

QUESTION PRESENTED 1) Can Alan Simpson (hereinafter called â€Å"Mr. Simpson†), non-adopted resident minor, inherit from Rebecca Sweeney’s (hereinafter called â€Å"Mrs. Sweeney†) estate, decedent and former resident of California, when she died even though he was never adopted by Mrs. Sweeney legally under California law? BRIEF ANSWER 1) Yes. While there is a statue, California Probate Code  §6454, regarding foster children’s ability to heir in California, California Probate Code  §6455 states, â€Å"Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child s issue.† Cal. Prob. Code  § 6455 (West 2014). Under California case law one can inherit under the doctrine of†¦show more content†¦STATEMENT OF FACTS Mr. Simpson, a minor resident of California, is seeking to inherit from the estate of Mrs. Sweeney, decedent and resident of California at time of death, under the doctrine of equitable adoption. Mrs. Sweeney is the widow of Sam Sweeney (hereinafter called â€Å"Mr. Sweeney†), and the mother of Hannah Sweeney (hereinafter referred to as â€Å"Hannah†), the biological daughter of Mr. and Mrs. Sweeney (hereinafter referred to jointly as â€Å"the Sweeney’s†). Simpson interview, pg 3. In 2008, the Sweeney’s obtained formal custody of Mr. Simpson from the San Diego, Superior Court in California. Id. at 7. Mr. Simpson was eight at the time of obtaining custody. Id. at 4. The custody agreement awarded sole custody of Mr. Simpson to the Sweeney’s. During the time Mr. Sweeney was alive, Mrs. Sweeney attempted to talk Mr. Sweeney into formal adoption of Mr. Sweeney numerous time to no avail. Id. at 4. Mr. Sweeney did not believe in formal adoption of children, but nevertheless he continued to care for Mr. Simpson as he was his own child. Id. Mrs. Sweeney also spoke with an attorney about adoption while Mr. Sweeney was still alive. Id. at 5. During this time the Sweeney’s fed, clothed, and provided a home for Mr. Simpson without the financial support of others. Id. at 6. Mr. Simpson also went on vacations and took part in events, such as family pictures, that would form a familial relationship, and Mrs. Sweeney wore a â€Å"mothers ring† with Hannah’s and Mr.