Estate of Britel
Annotate this CaseAmine Britel died intestate in 2011. Appellant Jackie Stennett, the mother of A.S., a child born out of wedlock, petitioned to administer Amine’s estate and for A.S. to be declared Amine’s heir. The court denied Jackie’s petitions. It granted the petition of respondent Mouna Britel (Amine’s adult sister) to administer Amine’s estate, which petition listed respondent Rhita Bhitel (Amine’s mother) as Amine’s surviving parent. The Court of Appeal affirmed the court's order, concluding that Probate Code section 6453(b)(2)’s phrase, “openly held out,” required the alleged father to have made an unconcealed affirmative representation of his paternity in open view. The Court also concluded substantial evidence supported the court’s finding Amine did not openly hold out A.S as his child. Further, the Court concluded section 6453(b)(2) did not violate the state or federal equal protection rights of nonmarital children or of nonmarital children who can prove paternity using DNA tests.
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