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Should a foster
child inherit a family’s fortune?
You be the judge
Terrold
Bean couldn’t remember any
parents other than Arthur and Kathleen Ford, a San Francisco couple
who gave him a loving home from the time he was 21 months old. So
Terrold never dreamed he’d have to prove he was part of the Ford
family to anyone, let alone a judge. But he did.
The Fords had
several other foster children when they took Terrold into their home
in September 1955. No one knew who the little boy’s father was. His
mother had abandoned him at a bus stop, Terrold was later told, and
had lost all custody rights by the time he was four, according to
court documents. That meant the Fords – or anyone else – were free
to adopt him.
Over the next 18
years, many of Terrold’s foster sisters and brothers were either
adopted or reunited with their parents, but he wasn’t. The Fords
were worried that if they tried to adopt Terrold, he would have to
be temporarily put in “a foster home that wasn’t safe,” Kathleen
told a friend.
The Fords’
biological daughter, Mary Catherine, once told Terrold that her
parents wanted to adopt him but that they’d run into problems with
his natural mother and were deterred by the paperwork involved. No
other prospective parents ever interviewed the boy.
Terrold said the
Fords treated him like their own child. They called him son around
other people, changed his religion from Protestant to Catholic and
encouraged Mary Catherine to treat him like a brother. Terrold
called Mary Catherine his sister. He also called the Fords Mom and
Dad. He went with the family on vacations. A childhood friend of
Mary Catherine’s said the Fords treated Terrold “more like Mary
rather than a foster son, like a real son.”
In 1973, when
Terrold was 19, Kathleen died. Terrold continued to live with is
foster father, began working a butcher and helped pay household
expenses. He moved out after two years and eventually got married.
Arthur loaned Terrold 5,000 dollars to start his new life. Terrold
began to pay back the money, but when he got divorced, Arthur
forgave the 2,000 dollars balance.
Terrold kept in
close touch with his foster father and sister over the next two
decades. When Arthur was disabled by a stroke in 1999, Terrold
helped Mary Catherine with the decision to move him into an
eldercare facility, where Terrold visited him regularly. Later that
year, Mary Catherine died of cancer. She had named Terrold alternate
beneficiary, after her father, on her life insurance policy.
Around the time
of Mary Catherine’s funeral, Arthur went on life support. He’d
given Terrold temporary power of attorney. With help from a
longtime family friend of the Fords’, according to court documents,
Terrold arranged Arthur’s care and Mary Catherine’s funeral. Months
later, in May 2000, Arthur died. He left no will.
Terrold asked the
court to let him inherit Arthur Ford’s estate, arguing that he had
been “equitably adopted” by the Fords. Although Arthur and Kathleen
had not legally adopted him, they treated him as if they had, and
the comments about their desire to adopt gave him the right to be
considered their son. It would be unfair, Terrold maintained, to
deprive him of his claim to the family estate just because the Fords
hadn’t formalized their relationship with him.
But Arthur had a niece and nephew who
disagreed. John J. Ford III and his sister, Veronica Newbeck, both
children of Ford’s dead brother, hadn’t had any contact with Arthur
in 15 years, nor did they attend his funeral. Yet they claimed they
were entitled to his estate because Terrold couldn’t meet the legal
or equitable standard of proof that he was adopted by the Fords.
With Terrold eliminated as a possible heir, they were the only
relatives left who could inherit from Arthur Ford. |