Estate of Martino
Annotate this CaseAfter Nick Martino (Decedent) died intestate, his stepson from a previous marriage, Nick Zambito, petitioned to be deemed an heir. Decedent’s biological children, Tracey Martino and Joseph Martino (together, Objectors), objected. After a bench trial, the probate court determined that Decedent was Zambito’s “natural parent” under Probate Code sections 6540 and 6453, which defined the “natural parent” and child relationship for purposes of intestate succession. The Court of Appeal concluded Zambito had standing to claim natural parentage heirship even though he was not the Decedent’s biological child. The Court further concluded that Probate Code section 6454, which provided a pathway for intestate succession by stepchildren and foster children, did not operate to foreclose other available statutory methods for a stepchild to establish a right to intestate succession. In the absence of any challenge to the sufficiency of evidence to support the probate court’s factual findings under this theory, the Court concluded that Objectors failed to demonstrate any reversible error.
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