When a stepparent passes away, the feelings of loss can be as deep as if losing a parent related by blood. Your stepparent’s biological children, however, may see you as a threat to their inheritance and seek to disinherit you, adding another challenge to an already emotionally turbulent time. It can feel as though they are trying to erase the love your parents showed you and block your path to healing and closure. However, there has been a recent development in California inheritance law for stepchildren.
At Gokal Law Group, we have helped wronged heirs receive the inheritance they deserve for years. Now, with a recent precedent set in the Martino estate case, the courts have expanded how stepchildren can enforce their rights. Learn more about this change to inheritance laws in California in our blog.
The Martino Estate: A Groundbreaking Case in California Inheritance Law for Step-Children
Nick Martino, the decedent at the center of this case, passed away without a will or trust – known legally as dying “intestate.” What has unfolded has changed the landscape of California inheritance law.
After Nick Martino passed away, his stepson from a previous marriage, Nick Zambito, petitioned the court to be recognized as a legal heir. However, the Decedent’s biological children, Tracey and Joseph Martino, objected to the petition.
What was the Outcome of the Trial?
Following a bench trial, the probate court ruled in favor of Nick Zambito, recognizing the decedent as Zambito’s “natural parent” under California Probate Code sections 6540 and 6453.
These sections define “natural parent” and “child” for the purpose of determining intestate succession in California, and as a result, Zambito stood to inherit from the decedent’s estate as a natural heir even though he was not the Decedent’s biological child.
“The precedent set by this case will have lasting implications for California intestacy laws. While Probate Code section 6454 already offers a path for stepchildren and foster children to inherit, this case shows courts are willing to explore additional legal avenues to recognize stepchildren’s rights”
– Anum Arshad, Associate, Gokal Law Group
How Has This Precedent Shaped California Inheritance Law and California Intestate Succession Laws?
The ruling in the Martino Estate has provided stepchildren and foster children with an important legal tool under California inheritance law.
Probate Code section 6453(a) defines natural parentage to include presumed parentage under the Uniform Parentage Act (UPA) (Family Code, § 7600, et seq.), and Family Code section 7611(d) creates a presumption of natural parentage when a presumed parent openly holds the child as their own and the child lives in their home).
Probate Code section 6454 provides one door into intestate succession for stepchildren and foster children, but it does not preclude this alternate entry point to intestate succession in California, offering stepchildren more inheritance rights and ways to enforce them.
The court found no reversible error in this case, affirming the order and advocating for the recognition of stepchildren’s inheritance rights.
Are You a Stepchild with a Right to an Inheritance? Work With California Inheritance Attorneys to Get What You Are Entitled to!
The precedent set by the Martino case marks a significant shift in California inheritance law that has laid the foundation for stepchildren to receive the inheritance they deserve by opening up new pathways to intestacy inclusion. Are you a stepchild who is wrongfully being denied their inheritance?
Visit our Contact Page to schedule a consultation with an intestate lawyer at the forefront of these seismic shifts in inheritance law who will exhaust every resource and explore every opportunity to deliver the justice and closure you deserve.
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2 Responses
An attorney representing the estate is about to petition the Court for the final approval of distribution of proceeds to our stepfathers estate. His 3 Grandchildren are Considered his Legal heirs even though we were considered his Children and even lived there at times. I am also the Administrator of the Estate because I have helped with my Parents affairs over the years. His Grandchildren don’t even have a clue about his affairs.
I need to speak to someone about inheritance as a stepchild.