transfers to children Flashcards
(31 cards)
What is the rule regarding adopted children and their relationship to their parents?
Adopted children and parents are treated as children/parents for all purposes.
What happens to a child’s relationship with their biological parents upon adoption?
The relationship to biological parents is severed, except if adopted by the spouse of a natural parent.
What does the UPC state about children adopted after the death of a parent?
Adopted child inherits from adopted relatives and only from prior relatives when adopted by stepparent.
What is the exception to the severing of ties with biological parents in adoption?
If children are adopted by the spouse of a natural parent, ties with both natural parents remain.
What did Hall v. Vallandingham establish regarding adoption?
Once a child is adopted, they are severed from their natural parents, unless under the exception.
Why might adults be adopted?
To cut off a will dispute or gain estate planning benefits.
What is the ‘Stranger to the Adoption Rule’?
People not parties to adoption do not have to recognize it for inheritance purposes.
“tradtional rule” regarding adoptive parents siblings and pasing to those adoptive children.
T’s Aunt’s estate doesnt pass to T’s adopted child,
Standing to challenge a will
standing to challenge a will is limited to those who would inherit if the will was not valid
(intestacy)
What inference is made about donor intent in adoption trusts and wills?
An adopted child takes will/trust of an adoptive parent like a biological child.
What is the Majority Rule regarding inheritance from nonparents for adopted children?
A minor adopted by A is presumptively included in a class gift by T to A’s children, issue, descendants, or heirs.
What did Minary v. Citizens Fidelity Bank and Trust Co establish about adopted adults?
Adopted adults cannot inherit property due to harm to testator intent.
What does O’Neal v. Wilkes state about contracts for adoption?
A contract for adoption is invalid unless entered into by a parent or guardian.
What is the principle of equitable adoption?
Virtual adoption entitled a child to the same inheritance rights as a legal adoption.
dissent in O’niel adovcates for this
How are posthumous children treated regarding inheritance?
Courts treat the child as being alive from conception for inheritance and property rights.
ie if conceved before decedent dies then can inherent
What does the Uniform Parentage Act state about posthumously conceived children?
A posthumously conceived child inherits from a deceased parent if consent for conception is established. (typically needs to be express in wirting)
What is the rebuttable presumption regarding gestation for inheritance?
Gestation is presumed to be 280 days.
What is the common law treatment of nonmarital children regarding inheritance?
Nonmarital children could inherit from their mother but faced varying rules for inheritance from their father.
What methods can be used to prove paternity?
- Paternity tests
- Acknowledgement by father ‘
- Adjudication during life of father (Clear and convincing proof after death)
What does the MA Rule state about nonmarital children?
Child is treated as a child of the natural parent; paternity can be established at any time.
What did Woodward v. Commissioner of Social Security determine about posthumous reproduction?
- Parent has to have understood and supported the Idea of the gamits used after death
- within a reasonable period of time
MA court consdiered three main interesst:
1) best interest of the child
2) states interest in orderly administration
3) reproductive rights of genetic parent
What are the three interests considered in posthumous reproduction cases?
- Best interest of the child
- State interest in orderly estate administration
- Reproductive rights of the genetic parent
What is an advancement in the context of intestate shares? (common law vs UPC
At CL: Any lifetime gift by a decedent to a child is presumed an advancement of the child’s intestate share.
At UPC: lifetime gifts are NOT presumed gifts
What has changed in modern advancements rules compared to common law?
Many states now require proof that a gift was intended as an advancement.
CL presumption that advancment was intended to be an adavancment
What is the hotchpot method in estate distribution?
Brings advancements into account when distributing the decedent’s estate.
