Herrera Ex Rel. Mota v. Glau

METZGER, Judge.

The sole issue in this case is whether a decedent’s equitably adopted children have standing to initiate a wrongful death action pursuant to § 13-21-201, et seq., C.R.S. (1987 RepLVol. 6A). We hold that they do not and, therefore, affirm the trial court’s judgment dismissing the complaint.

The plaintiffs are the decedent’s 18-and-20 year-old step-brothers who resided with him and were supported by him. After decedent’s death, the probate court entered an order in the decedent’s estate proceeding, finding that the plaintiffs were “equitably adopted by the decedent in January,…