
Legal Updates
Trusts Can Avoid Costly Inheritance Battles with Stepchildren
In the recent case of Estate of Martino, 96 Cal. App. 5th 596 (2023), the California Court of Appeal addressed whether the estate of Nick Martino, who died intestate (without a will or trust), could be shared with someone other than his biological children—namely, his unadopted stepchild. At the time of his death, Mr. Martino was unmarried, and under California’s intestacy laws, his estate would typically have been divided equally among his biological children.
However, Nick Zambito, the child of Mr. Martino’s former spouse (from a marriage that ended in divorce more than 40 years prior), claimed a portion of the inheritance. Zambito argued that Mr. Martino was his “natural parent” under California Probate Code §6453, despite not being biologically related. At trial, Zambito provided evidence that Mr. Martino had held him out as his child and maintained a long-standing parental relationship with him. Based on this evidence, the trial court ruled in Zambito’s favor, and the appellate court affirmed the decision. The court relied on California’s Uniform Parentage Act (UPA), which permits the recognition of non-biological parentage through presumptions of a parent-child relationship.
The court’s ruling clarified that a stepchild may claim an inheritance in an intestate estate through two non-exclusive pathways:
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* Probate Code §6453: A stepchild can inherit by proving that the decedent received them into their home and openly held them out as their natural child, as defined under the UPA.
* Probate Code §6454: A stepchild can inherit by showing that their relationship with the stepparent began during their minority, continued through the lifetimes of both parties, and that the decedent would have adopted the stepchild but for a legal barrier.
​This case highlights the ambiguities that can arise in intestate situations and underscores the importance of estate planning. If Mr. Martino had established a comprehensive estate plan, such as a revocable trust, he could have designated beneficiaries—whether his biological children, his stepchild, or both. A properly drafted trust would have avoided the costly and time-consuming litigation that ensued in this case, ensuring his wishes were carried out without dispute.

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