IN THE MATTER OF THE ESTATE OF CHRISTINE THOMPSON, Deceased, PAMELA JONES, Administrator of the Estate of CHRISTINE THOMPSON, Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 8-778 / 08-0120
Filed November 13, 2008
IN THE MATTER OF THE ESTATE OF
CHRISTINE THOMPSON, Deceased,
PAMELA JONES, Administrator of the
Estate of CHRISTINE THOMPSON,
Appellant.
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Appeal from the Iowa District Court for Polk County, Ruth B. Klotz,
Associate Probate Judge.
Pamela Jones appeals from the district court’s order for determination of
heirship. AFFIRMED.
Matthew Gardner of Sullivan & Ward, P.C., West Des Moines, for
appellant.
Wayne Wilson of Wilson, Deege, Dollar, Despotovich & Riemenschneider,
West Des Moines, for appellee.
Considered by Huitink, P.J., and Vogel and Eisenhauer, JJ.
2
VOGEL, J.
Pamela Jones appeals from the district court’s order on her application for
determination of heirship. She asserts that pursuant to the theory of adoption by
estoppel or equitable adoption, she should be treated as an heir of Christine
Thompson. Our review is de novo. Iowa R. App. P. 6.4.
A person claiming to inherit under the theory of adoption by estoppel or
equitable adoption has the burden to prove (1) an unexecuted agreement or
contract to adopt entered into by the decedent, and (2) performance by the
adopted child. In re Painter’s Estate, 246 Iowa 307, 310, 67 N.W.2d 617, 619
(1954); see also Am. Jur. 2d Adoption § 62, at 782-83 (2004) (stating that an
element of adoption by estoppel is “an agreement to adopt the child or an
undertaking to effect statutory adoption”); 2 C.J.S. Adoption of Persons § 31, at
292 (2003) (stating that one element to establish an equitable adoption is “an
agreement between the adoptive parent and the natural parents”).
We agree with the district court that Pamela did not establish an equitable
adoption as she failed to prove that Christine entered into an agreement or
contract to adopt Pamela. When Pamela was four years old, her father married
Christine and subsequently, Christine and Pamela shared a close and loving
mother-daughter relationship.
As the district court found, it is clear that
“[Christine] treated Pamela as she would have treated her own child and that
[Pamela] treated [Christine] as if she were [her] own mother.” However, under
neither our statutory nor case law is this sufficient to prove an agreement or
contract regarding adoption. Painter’s Estate, 246 Iowa at 310, 67 N.W.2d at
619; see 2 C.J.S. Adoption of Persons § 31, at 292-93 (2003) (discussing that it
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is against public interest to apply the doctrine of equitable adoption to
stepparents).
Christine died intestate and with no surviving issue under Iowa Code
section 633.219(1) (2007),1 her estate passes under the provisions of Iowa Code
section 633.219(3).2 As a result, Christine’s relatives in Germany who had little
contact with her will inherit the estate, including the property Christine received
from Pamela’s father’s estate. While this seems unfair, considering the decadeslong, close relationship Christine and Pamela enjoyed, we cannot fix this problem
as there is no Iowa case law or statutory authority to do so. Any changes to our
law must be done by the legislature. The district court set forth a very thorough
recitation of the appropriate facts and applied the appropriate law; thus, we affirm
pursuant to Iowa Court Rule 21.29 (1)(d) and (e).
AFFIRMED.
1
Under Iowa Code section 633.219(1), if there is no surviving spouse, the estate passes
“[t]o the issue of the decedent per stirpes.” See Iowa Code § 633.3(24) (defining issue
as “all lawful lineal descendants of a person, whether biological or adopted . . . .”).
2
Under Iowa Code section 633.219(3), if there is no surviving spouse, issue, or parents
of the decedent:
[T]he estate shall be divided and set aside into two equal shares. One
share shall be distributed to the issue of the decedent’s mother per
stirpes and one share shall be distributed to the issue of the decedent’s
father per stirpes. If there are no surviving issue of one deceased parent,
the entire estate passes to the issue of the other deceased parent in
accordance with this subsection.
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