## Facts

- Terrold Bean was placed as a foster child with Arthur Ford and Ford’s wife in 1955 and remained in the household through adulthood, living with the family for roughly 18 years and continuing contact thereafter.
- Bean knew the Fords were not his biological parents but referred to them as “Mom” and “Dad”; witnesses described the relationship as family-like and comparable to that between a natural parent and child.
- The Fords stopped taking other foster children when Mrs. Ford became ill but kept Bean in their custody; Bean stayed even after he was old enough to leave.
- Ford provided Bean financial support at times, and Bean remained involved with Ford’s care after Ford suffered a disabling stroke.
- Ford died intestate in 2000; his closest blood relatives were a nephew and niece, who petitioned to inherit under the intestacy statutes.
- Bean petitioned to inherit the estate as Ford’s “equitably adopted son,” despite no statutory adoption ever occurring.

## Issues

1. Whether equitable adoption can be established based primarily on a long-term parent–child–like relationship, without clear and convincing evidence that the decedent intended to adopt the claimant.
2. Whether Bean proved, by clear and convincing evidence, that Arthur Ford intended to adopt Bean so as to permit Bean to inherit from Ford’s intestate estate.

## Decision

- The Supreme Court of California affirmed the denial of Bean’s petition to inherit as an equitably adopted child.
- The court held that equitable adoption was not established because the evidence did not clearly and convincingly show that Arthur Ford intended to adopt Bean.
- The estate therefore passed to Ford’s statutory heirs under intestacy law (the nephew and niece).

## Legal Principles

- California recognizes equitable adoption as a narrow, judicially created doctrine permitting inheritance in limited cases where a decedent intended to adopt but failed to complete a statutory adoption.
- Equitable adoption requires clear and convincing evidence—based on the parties’ statements and conduct—of the decedent’s intent to adopt (often framed as a promise or contract to adopt).
- A close, enduring, or parent-like relationship (including being raised in the home and being treated as a family member) is relevant but insufficient, standing alone, to establish equitable adoption.
- Because equitable adoption effectively creates an heir outside the statutory intestacy scheme, courts apply the doctrine cautiously and require heightened proof of the decedent’s intent.

## Conclusion

The court refused to treat a long-term foster and family-like relationship as equivalent to adoption for intestate succession, holding that equitable adoption requires clear and convincing proof that the decedent intended to adopt the claimant.


Estate of Ford, 82 P.3d 747 (Cal. 2004)