Bean v. Ford

82 P.3d 747 (2004)

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Nature of the Case

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Facts

D was declared a ward of the court and placed in the home of Ford and his wife, as a foster child in 1955. D was declared free of his mother's control in 1958, at the age of four. D lived continuously with Mr. and Mrs. Ford and their natural daughter, Mary Catherine, for about 18 years, until Mrs. Ford's death in 1973, then with Ford and Mary Catherine for another two years, until 1975. D knew the Fords were not his natural parents, but as a child, he called them “Mommy” and “Daddy,” and later “Mom” and “Dad.” D's relationship with Mary Catherine was “as two siblings” and that the Fords treated D “more like Mary rather than a foster son, like a real son was my observation.” Mary Catherine later listed D as her brother on a life insurance application. D maintained a relationship through his adult life. The Fords never petitioned to adopt D. Mrs. Ford was “under the impression that she could not put in for adoption while he was in the home.” She worried that if D was removed during the adoption process he might be put in “a foster home that wasn't safe.” Ford's nearest relatives were the two children of his predeceased brother, nephew John J. Ford III and niece Veronica Newbeck (Ps). Neither had any contact with Ford for about 15 years before his death, and neither attended his funeral. P filed a petition to determine entitlement to distribution. D filed a statement of interest claiming entitlement to Ford's entire estate under Probate Code sections 6454 (foster child heirship) and 6455 (equitable adoption) as well as sections 6402, subdivision (a) and 6450. The superior court ruled for P. If found that doctrine of equitable adoption was inapplicable because “there is no evidence that [Ford] ever told D or anyone else that he wanted to adopt him nor publicly told anyone that D was his adopted son.” There was thus no clear and convincing evidence of “an intent to adopt.” D appealed, and the court of appeals affirmed. D appealed.