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IN RE ESTATE OF BURDEN

53 Cal.Rptr.3d 390 (2007)

ESTATE OF Gregory Allen BURDEN, Deceased. Tara Burden, Petitioner and Appellant, v. Dale Agnew, Objector and Respondent.

Court of Appeal of California, Second District, Division Six.

January 16, 2007.

Attorney(s) appearing for the Case

Rosenmund, Baio & Morrow, Hemal K. Master, Michael A. Morrow, Oxnard, for Petitioner and Appellant.

Harper & Associates, Tamara Lynn Harper, Westlake Village; Lascher & Lascher, Wendy Cole Lascher, Ventura, for Objector and Respondent.

PERREN, J.

Probate Code section 6453, subdivision (b)(2)1 permits a child born out of wedlock to establish a father-child relationship for intestate succession purposes by providing clear and convincing evidence that the father "has openly held out the child as his own." In this case of first impression, we conclude that evidence of decedent's acknowledgments of respondent as his son during his lifetime are sufficient to meet the burden...

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