Arizona Court Case: RYAN v. RYAN

In the Matter of the Estate of DONALD LEE RYAN, Deceased. TRACY CHAMPAGNE, Personal Representative-Appellee, v. DONNA RYAN and DONALD RYAN, parents of Donald Lee Ryan, Deceased, Respondents-Appellants.

1 CA-CV 96-0193 COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B 187 Ariz. 311; 928 P.2d 735; 231 Ariz. Adv. Rep. 13

December 3, 1996 Appeal from the Superior Court of Maricopa County. Cause No. PB 95-02134. The Honorable Pamela J. Franks, Judge.

AFFIRMED

COUNSEL:

Jaburg & Wilk, P.C., by Roger L. Cohen and Kathi M. Sandweiss, Phoenix and Chester A. Yon, P.C., by Chester A. Yon, Attorneys for Personal Representative-Appellee, Fountain Hills, Richard C. Erickson, Co-Counsel for Personal Representative-Appellee, Scottsdale. Fenton J. McDonough, Attorney for Respondents-Appellants, Scottsdale. Rudolph J. Gerber, Judge.

CONCURRING:

Cecil B. Patterson, Presiding Judge, Department B, Jefferson L. Lankford, Judge. GERBER, Judge In this inheritance case, Donna and Donald Ryan (the Ryan parents), parents of decedent Donald Lee Ryan (Donald Ryan), appeal the trial court's grant of summary judgment in favor of Tracy Champagne (Ms. Champagne), personal representative of her son Trevor Jon Champagne (Trevor). The sole issue before us concerns whether adoption by a stepparent severs a child's inheritance rights from the biological parent. For reasons that follow, we hold that adoption does not sever such inheritance rights. We accordingly affirm the trial court's grant of summary judgment.

FACTS AND PROCEDURAL HISTORY

The material facts are undisputed. Trevor was born to Ms. Champagne and Donald Ryan, who were unmarried. Ms. Champagne later married Brentley James Champagne (Mr. Champagne) who subsequently adopted Trevor. Donald Ryan died intestate with no descendants other than his biological son Trevor. His only other heirs were his parents, the appellants in this case. Following Donald Ryan's death, the Ryan parents filed this action to probate his estate. They alleged that he had no spouse or children and that they were his only heirs. Ms. Champagne, acting on behalf of Trevor, then filed a petition for adjudication of intestacy, determination of heirs, and appointment of what she termed a "personal representative," plus a petition to remove the court-appointed "personal representative." The personal representative filed a motion for summary judgment in which the Ryan parents joined. They argued that the Ryan parents were Donald Ryan's sole heirs and that because Trevor had been adopted by his stepfather, Trevor no longer was an heir of Donald Ryan. Trevor filed a response in opposition. In denying the personal representative's motion, the trial court ruled that Trevor was entitled to inherit from Donald Ryan despite the adoption. It entered an order of intestacy, determination of heirs, and appointment of Ms. Champagne as personal representative. The Ryan parents filed this timely appeal. We have jurisdiction pursuant to Arizona Revised Statutes Annotated (A.R.S.) section 12-2101(J).

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