Facts

Angel Marin died intestate, leaving three biological children. Petitioner Genaro Leon, who was not biologically related to the decedent, alleged that he is entitled to an intestate share of the estate based on Probate Code Section 6455, which provides that equitable adoption constitutes a "parent child" relationship for purposes of intestate succession. After a bench trial, the Court found clear and convincing evidence that the decedent: 1. had intent to adopt the petitioner and 2. acted consistent with his intent by forming a close familial relationship with the petitioner. Such evidence included statements by the decedent to the community at large that the petitioner was his "son" and promises he made to the petitioner and the petitioner's biological father that he would "take care of" the petitioner -- which he did -- and that he wanted to adopt the petitioner. The decedent also took the petitioner into his home, enrolled him in school, cared for him, and raised him as a son.

PLAINTIFF'S CONTENTIONS:
The petitioner was the decedent's equitably adopted son under Probate Code Section 6455 and thus was entitled to an intestate share of the estate.

DEFENDANT'S CONTENTIONS:
The petitioner was not the decedent's equitably adopted son but rather a laborer on the decedent's ranch. The petitioner also maintained a relationship with his biological father, so that he could not have had a "parent-child" relationship with the decedent.

Result

The Court found that the petitioner was the decedent's equitably adopted son and thus was entitled to the intestate share of the decedent's estate.

Other Information

The Court ordered that the petitioner was the decedent's equitably adopted son and thus entitled to an intestate share of the decedent's estate equal to that given to each of the decedent's biological children.