California Court of Appeal

Probate court order denying plaintiff's petition to be declared the sole heir by intestacy and determining instead that defendant was the deceased party's natural son and sole heir is reversed and remanded where the court incorrectly applied a preponderance of the evidence standard of proof instead of the clear and convincing evidence standard as required under Probate Code sec. 6453 (b) and Family Code sec. 7630 (c).

Appellate Information

• Decided 07/09/2009
• Published 07/09/2009

Judges

• RUBIN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Lloyd Kirschbaum and Lloyd Kirschbaum, Los Angeles, for Petitioner and Appellant.


• For Appellees:
  
• Law Office of Michael L. Lyons, Michael L. Lyons;  Law Offices of Andrew Lynn Rice and Andrea Lynn Rice, Santa Monica, for Objector and Respondent.