| Estate Planning News Article |
'Strangers' to Get Half of Estate
By MAURA DOLAN, Times Legal Affairs Writer
as printed in the June 22, 2001 edition of the Los Angeles Times.
SAN FRANCISCO--A widow whose husband died without a will must share his property
with his half siblings, even though he never knew of their existence, the
California Supreme Court reluctantly decided Thursday.
The court ruled in the case of the late Denis H. Griswold, a Santa
Barbara resident who was born out of wedlock and whose biological father
paid child support for 18 years. The father and son never had any contact
before they died, and Griswold only learned of him when he came across a
birth certificate as an adult.
Griswold died without knowing that he also had two half siblings in
Ohio. They, in turn, did not know about him until a professional "heir
hunter" researching probate and birth records called them up and told
them they could inherit some money.
Never mind the circumstances, the court said in a unanimous decision
in Griswold vs. See, S087881. The law "provides in unmistakable language"
that the half siblings are entitled to half of Griswold's estate,
estimated at $300,000, Justice Marvin R. Baxter wrote for the court.
Baxter questioned whether the Legislature intended such results in
fashioning the probate code and noted that elected officials may want to
change it.
Justice Janice Rogers Brown, in a separate opinion, implored the
Legislature to act.
"I doubt most children born out of wedlock would have wanted to
bequeath a share of their estate to a 'father' who never contacted them,
never mentioned their existence to his family and friends, and only paid
court-ordered child support," Brown wrote.
"I doubt even more that these children would have wanted to bequeath a
share of their estate to that father's other offspring."
"Finally," she added, "I have no doubt that most, if not all, children
born out of wedlock would have balked at bequeathing a share of their
estate to a 'forensic genealogist,' " as heir hunters call themselves.
Attorney Herb Fox, who represented heir hunter Francis V. See in the
appeal, said See will collect a percentage of the half siblings' share of
the estate as a fee for his work. See's trial lawyer, David C. Turpin,
said the heir hunter could receive as much as one-third of the
inheritance.
"This is a case where somebody calls you up and says, 'You had a
long-lost uncle or brother who has left you some money,' " Fox said.
"It's the kind of phone call everyone hopes to receive."
Under the current law, relatives of a biological parent of a child can
inherit from that child if the parent had acknowledged the child and
contributed to his or her support.
The fact that Griswold's biological father had admitted his paternity
in court and paid child support was enough to meet the requirements, the
court said.
"By blood at least, they are certainly close relatives," Fox said. "By
society, they were actual strangers."
If Griswold had died with a will leaving his estate to his wife, the
half siblings would not have been entitled to any inheritance, lawyers in
the case said.
Lawrence T. Sorensen, who represented Griswold's widow, Norma B.
Doner-Griswold, said he was "very disappointed" by the court's decision
because Griswold clearly wanted his widow to receive his full
inheritance. He said his client, who lives in Santa Barbara, is medically
disabled.
Denis Griswold, who died in 1996, had for most of his life believed
his father was Fred Griswold, whom his mother married in 1942. Sorensen
said Griswold learned the truth only after his mother's death in 1983,
when he was going through her papers.
He saw the name of "somebody he had never heard of before" and didn't
want to think about it or investigate it, Sorensen said. At that time,
the biological father, John Edward Draves, was dead.
Griswold's widow would have inherited his entire estate if the couple
had treated their assets as community property. The pair had lived
together for many years and married several years before Griswold's
death.
They did not mingle their bank accounts or real estate because they
felt the separation would protect each of them if the other suffered
catastrophic health problems, Sorensen said.
Turpin said See is one of about a dozen heir hunters in California. He
researches records and finds money for others in exchange for a cut for
himself.
"It is a legitimate occupation," Turpin said.
If someone dies without a will and has no wife or children, the
nearest relatives inherit the property, he said. The first in line to
collect are the parents, followed by siblings and nieces and nephews
"until you get to fifth-cousins twice-removed," Turpin said.
The lesson of the case? "It is always the better practice to make a
will," Fox said.
Provided By - Richard H. Hallstrom, Esq.
For
Plan-My-Estate.com
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