[REVIEW GRANTED] Estate of Ford (2002)

FN *. Judge of the Monterey Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. [No. A094755. First Dist., Div. Two. Mar. 12, 2002.]

Estate of ARTHUR PATRICK FORD, Deceased.

TERROLD BEAN, Petitioner and Appellant, v. JOHN J. FORD III et al., Objectors and Respondents.

[Modification of opinion ( 96 Cal. App. 4th 386 ).]

THE COURT.-

THE COURT:

It is ordered that the opinion filed herein on February 21, 2002, be modified as follows:

1. On page 2, in the first sentence of the third full paragraph [96 Cal. App. 4th 389, 4th par.], "1999" should be changed to "1989".

2. On page 3, that part of the second full paragraph [96 Cal. App. 4th 390, 2d par.] beginning with the words "The nephew" in the fourth line thereof and continuing to the end of that paragraph, should be deleted and replaced with the following: "On June 29, 2000, both Malpassi and Ford's nephew filed petitions for letters of administration. The nephew's petition listed only himself as Ford's heir, while Malpassi's listed the nephew, Ford's niece's three sons, and Bean as potential heirs. (The nephew was apparently under the impression that his sister was deceased, and had so advised Malpassi's counsel.) On July 31, 2000, the probate court appointed Malpassi special administrator. On August 7, 2000, the nephew filed a petition to determine heirship (Prob. Code, § 11700 fn. 1 ), this time listing both himself and his sister as Ford's heirs. On October 4, 2000, Bean filed a 'Statement of Interest,' claiming to be entitled to distribution of Ford's entire estate based on both foster child heirship (§ 6454) and the doctrine of equitable adoption. (§ 6455.)"

3. These changes do not effect a change in the judgment. The petition for rehearing is denied.

FN 1. (Footnote 1 remains unchanged from the original opinion.)