Legal Opinion
Burden v. Agnew
California Court of Appeal
Decided January 16, 2007No. B185726PublishedCited by 8 opinions
1Opinion of the Court
Opinion
PERREN, J.
Probate Code section 6453, subdivision (b)(2)1 permits a child bom out of wedlock to establish a father-child relationship for intestate succession purposes by providing clear and convincing evidence that the father “has openly held out the child as his own.” In this case of first impression, we conclude that evidence of decedent’s acknowledgments of respondent as his son during his lifetime are sufficient to meet the burden imposed by section 6453, subdivision (b)(2). We affirm.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
Appellant Tara Burden appeals from an order of the…
2Cases cited11 opinions
- Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
- People v. BouzasCalifornia Supreme Court · 1991
- People v. BlackCalifornia Supreme Court · 1982
- Estate of BairdCalifornia Supreme Court · 1924
- Estate of GriswoldCalifornia Supreme Court · 2001
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3Cited by8 opinions
- Gutierrez v. Carmax Auto Superstores Cal., California Court of Appeal, 5th District2018
- Donovan v. Poway Unified School DistrictCalifornia Court of Appeal · 2008
- A.G. v. Cnty. of L. A., California Court of Appeal, 5th District2018
- Anderson v. TinsleyCalifornia Court of Appeal · 2009
- Gutierrez v. CarMax Auto Superstores California, LLCCalifornia Court of Appeal · 2018
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