Estate of Obata

The Obata sisters, died intestate in 2013, having never married and with no descendants. Letters of administration of the estates were issued in the Alameda County Superior Court. A dispute arose regarding the line of succession that centered on the decedents’ father, Tomejiro and the impact of his “yōshi-engumi” by Minejiro and Kiku Obata in 1911. Appellants are the descendants of Tomejiro’s biological parents, the Nakanos. The court found in favor of the Obata family members. The court concluded that California recognizes Tomejiro’s yōshi-engumi as a legal adoption and that under the Probate Code, “The adoption of Tomejiro Obata by Minejiro Obata and Kiku Obata severed the relationship of parent and child between Tomejiro Obata and his natural parents.” The court of appeal affirmed, citing Probate Code sections 6450-6451. While the primary purpose of Tomejiro’s adoption may have been to create an heir, the role of an heir in Japanese society at that time was considerably more expansive than under California law, involving not just inheritance rights, but financial and moral obligations to care for relatives and honor the family’s ancestors. Whether Tomejiro’s adoption would have terminated his relationship with his biological parents under Japanese law now or in 1911 is immaterial. View "Estate of Obata" on Justia Law