Estate of Ford

As a toddler, Terrold Bean (defendant) was placed in Arthur and Kathleen Ford’s home as a foster child. Bean lived continuously with the Fords and their daughter, Mary Catherine, throughout his childhood. The Fords stopped taking other foster children when Kathleen developed cancer, but they retained custody of Bean. And even though Bean was 18 when Kathleen died, he continued living with Arthur and Mary Catherine until he was 20. After moving out, Bean regularly visited Arthur and Mary Catherine. When Arthur had a disabling stroke, Mary Catherine conferred with Bean and her long-term friend Joan Malpassi regarding Arthur’s care. Then, after Mary Catherine’s death, Bean petitioned for Malpassi’s appointment as Arthur’s conservator. Arthur died shortly thereafter, and Bean and Malpassi planned the funeral. Arthur died intestate, meaning without a will. His closest living relatives were his nephew, John Ford III (plaintiff), and his niece, Veronia Newbeck, neither of whom had seen Arthur in 15 years. John filed a petition to determine the distribution of Arthur’s estate, naming himself and Newbeck as Arthur’s statutory heirs. Bean objected, claiming that he was entitled to Arthur’s entire estate. Although the Fords never adopted Bean, he claimed that he should be treated as an adopted son under the doctrine of equitable adoption. As support, Malpassi testified that Bean had a sibling relationship with Mary Catherine. Additionally, a family friend testified that Kathleen once said she hadn’t adopted Bean because she was worried about him being removed from the Fords’ home while the adoption was pending. The superior court ruled against Bean, finding equitable adoption inapplicable because there was no evidence Arthur intended to adopt Bean. The court of appeals affirmed, and Bean appealed to the California Supreme Court.