bizarre law
By
aphrael (Wed Oct 03, 2007 at 12:46:47 PM EST) (
all tags)
A bizarre corner case in California law, which I encountered in the practice midterm for my legal writing class.
- In general, a stepchild who was not adopted by his stepparent cannot inherit if that stepparent dies without a will.
- There are some exceptions. Those exceptions generally require that there be clear and compelling evidence that the stepparent intended to adopt the stepchild, but was unable to do so due to some legal obstacle (normally, the opposition of the parent whom the stepparent isn't married to).
- Children over the age of 12 cannot be adopted without their consent.
Which means: a stepchild who refused to be adopted can legally inherit from their dead stepparent, so long as there is clear and convincing evidence that the stepparent would have adopted the child if the child had allowed it.
Bizarre.