Wehsener v. Jernigan
The court held that, for purposes of intestate succession, California law-not Indiana law-governs the parent-child relationship between Judith "Judy" Scher.
Date Filed: December 28, 2022
Case Name: Wehsener v. Jernigan
Case Number: D079623
Court: California Court of Appeal, Fourth Appellate District, Division One
The court decides that, for intestate succession, California law—not Indiana law—governs the parent‑child relationship between Judith “Judy” Scherber and Charles Bloodgood, and that the Uniform Parentage Act’s presumption of a natural parent applies when a person is openly held out as a child’s parent. The appellate court affirms the probate court’s finding that Charles is the presumed natural parent of Judy, that the presumption is not rebutted by public‑policy arguments, and therefore Judy is an intestate heir of Loch\u202fDavid\u202fCrane. This holding clarifies that a de\u202ffacto “holding‑out” relationship creates intestate inheritance rights under California probate law even when the relationship was established outside the state.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.