Legal Question in Wills and Trusts in California

If your stepfather did not prepare a will or trust, then you may have an equitable adoption argument. You should meet with an attorney to discuss what has to be shown to prove equitable adoption.

While it is nice that Ms. Rouse is familiar with the relatively unknown concept of equitable adoption, you have not presented any facts that would support equitable adoption.

Equitable adoption arises out of the law of intestate succession. The laws of intestate succession apply when the person dies without a will or other device for disposition of their property.

First, Probate Code section 6454 provides for intestate sucession through a stepparent or foster parent if the relaionship began during the person's minority and continued through the joint lifetime of the person and that person's foster parent or stepparent. Additionally, the person desiring this status must show by clear and convincing evidence that the foster parent or stepparent would have adopted the parent but for a legal barrier to adoption. The fact that the adoption never took place, or someone never got around to it is not sufficient.

Probate Code section 6455 maintains the judicial doctrine of equitable adoption. The California Supreme Court, however, limited the doctrine of equitable adoption to situations where there was clear and convincing evidence of an intent to adopt. "After reviewing California case law on equitable adoption, we conclude that no equitable adoption is shown unless the parties� conduct and statements clearly and convincingly demonstrate an intent to adopt." (Estate of Ford (2004) 32 Cal.4th 160.)

Equitable adoption claims are incredibly hard to prove. It is far better for a step parent to be clear and provide for the step child in their estate planning documents.

Mr. Roach is exactly right. Unless your step-father prepares a will that shares his estate with you, you will get nothing.