Case Analysis Matter Of Alan Simpson - 3440 Words

MEMORANDUM TO: Professor Howard FROM: Eric Schiffhauer RE: Matter of Alan Simpson DATE: November 30, 2014  ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬_____________________________________________________________________________ ¬Ã‚ ¬Ã‚ ¬Ã‚ ¬_ QUESTION PRESENTED 1) Under California state law, can Alan Simpson (hereinafter called â€Å"Mr. Simpson†), a non-adopted minor living in the home of decedent Rebecca Sweeney (hereinafter called â€Å"Mrs. Sweeney†) at time of her death, recover from the estate of Mrs. Sweeney as a lawful heir. BRIEF ANSWER 1) Yes. While there is a statue, California Probate Code  §6454, regarding foster children’s ability to heir in California, California Probate Code  §6455 states, â€Å"Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child s issue.† Cal. Prob. Code  § 6455 (West 2014). Under California case law one can inherit under the doctrine of equitable adoption if (1) the person(s) were treated and accepted as a natural child, and (2) if adoption was contemplated or promised but never obtained. Estate of Ford, 82 P.3d 747 (Cal. 2004), 752. Here, the facts show Mr. Simpson was treated as a natural child by Mrs. Sweeney during both of their shared lifetimes. The facts also state, Mrs. Sweeney also told Mr. Simpson on numerous occasions she wanted to adopt him; in addition, Mrs. Sweeney also told other members of her family that she wanted to adopt Mr. Simpson. Simpson interview, pg 4. Beca use both elements are metShow MoreRelated The Implications of DNA Profiling Essay3166 Words   |  13 Pagesprivate laboratories are utilized. Formerly used only in research labs, DNA fingerprinting has recently made headlines in the media due to the spectacle of the O.J. Simpson murder trial, where DNA tests played a crucial role. 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[pic] Anish Mathai Mathew [PMP|MBA] Temenos T24 PROGRAM MANAGER at Union National Bank @Karl: Thanks for your comment and the great example. Guess in that case you d agree that LUCK (no matter how small), does play a role ;) .... [Mathew@PM4K] @ http://www.anishmathaimathew.blogspot.com 2. [pic] Nico Viergever Independent Management Consulting Professional / Trainer PRINCE2 MSP