Monica Yun authored an article featured in the Daily Journal’s Top Estate and Wealth Management Lawyers 2025 supplement. Her article, “Estate of Martino: Rethinking Stepchild Inheritance Under Intestacy,” confirms that stepchildren and other nonbiological children may inherit under intestacy without meeting the rigid standards of equitable adoption after a recent decision in Estate of Martino (2023). By interpreting Probate Code section 6453 alongside the Uniform Parentage Act, the Court of Appeal held that a child received into the home and openly held out as the decedent’s own may qualify as a legal heir—triggering a presumption of parentage that can only be rebutted by clear and convincing evidence. This decision significantly broadens the path to inheritance for nonadoptive children and underscores the importance of recognizing lived family relationships in probate proceedings.
It’s imperative for trusts and estates practitioners to understand this ruling and its evidentiary framework, as it reshapes heirship analysis and litigation strategy.
