Case Conclusion Date: 12.29.2008
Practice Area: Probate
Outcome: Court of Appeal in favor of my client
Description: Conclusion We accordingly reject the argument that the failure to pay child support or the lack of a meaningful parent-child relationship affects Clifford's rights as an intestate heir. If that were the rule, it would rewrite the laws of succession. "In addition, a rule 6. looking to the parties' overall relationship in order to do equity in a given case, . . . would necessarily be a vague and subjective one, inconsistently applied, in an area of law where 'consistent bright-line rules' [citation) are greatly needed." (Estate of Ford (2004) 32 Cal.4th 160, 170-171.) Our Supreme Court has repeatedly stated that "[i]ntestate succession is wholly statutory. Any inequality which results from the operation of [section 6402] has been engendered by the Legislature itself." (Estate of McDill (1975) 14 Cal.3d 831, 840; see also Estate of Leslie (1984) 37 Cal.3d 186, 199 [right of succession not an inherent or natural right, but purely a creature of statute].) The judgment is affirmed. Clifford is awarded costs on appeal. CERTIFIED FOR PUBLICATION. YEGAN, J. We concur: GILBERT, P.J. PERREN, J. 7. Kent Kellegrew, Judge Superior Court County of Ventura ______________________________ Paniz & Kossoff, Kenneth Kossoff. Lascher & Lascher, Wendy C. Lascher, for Appellant. Law Offices of Mary Quin, Mary Quin, for Respondent.