an heir conceived during the intestate’s life but who is born thereafter
TRANSCRIPT
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Heir Qualification
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Posthumous Heirs
An heir conceived during the intestate’s life but who is born thereafter.
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Posthumous Child
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Posthumous Heirs
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Adopted Children
History
Not recognized in England until 1926.
Law developed in U.S.
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Adopted Children
Rights of Adopted Child
Inherit from adoptive parents?
Inherit through adoptive parents?
Inherit from biological parents?
Inherit through biological parents?
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Adopted Children
Rights of Adoptive Parents
Inherit from/through adoptive child?
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Adopted Children
Rights of Biological Parents
Inherit from/through biological child?
Special cases?
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Adopted Children
Impact of type of adoption?
Formal or statutory
By estoppel (equitable adoption)
Adult adoption
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Non-Marital Children
Common Law
Trimble v. Gordon (1977)
Lalli v. Lalli (1978)
State differences
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Happy Lunar New Year!
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ART Children
Ascertaining parentage
After death reproduction
Practice notes:
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Step-Children
General rule – not heirs
Exceptions?
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Half & Whole Blood
What did the vampire say after attacking the half-blooded person?
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Whole Blood
Collateral relatives of the intestate (e.g., siblings) who share both parents in common.
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Half Blood
Collateral relatives of the intestate (e.g., siblings) who share only one parent in common.
X
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Approaches
1. Common law = inherit personal property but not real property
2. Modern rule = irrelevant
3. Scottish rule = each half-blood receives half as much as each whole-blood
4. Inherit only if no whole-blooded heirs
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Scottish Rule Example
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Non-United States Citizens
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Unworthy Heirs
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1. Forfeiture
Upon felony or treason conviction, all property to government.
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2. Civil Death
Upon conviction of serious crime, property passes to heirs.
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3. Corruption of the Blood
Upon conviction of serious crime, prohibited from being an heir.
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4. Heir Murdering Intestate
Common Law
Early U.S. Law
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Judicial Solution =Constructive Trust
Equitable remedy to prevent unjust enrichment.
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Legislative Solution = Slayer Statute
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5. Heir causing death, but not murder
Negligently
Voluntary manslaughter
While insane
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5. Heir causing death, but not murder
Competing policies:
Not deprive of inheritance without just cause.
Allowing killers to take promotes devious schemes.
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6. Suicide
Common law = forfeiture often occurred.
Modern law = irrelevant
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7. Adultery
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8. Bad Parents
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9. Abuse
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10. May-December Marriages
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Non-Formally Married Partners
Common law marriage
Civil unions and domestic partnerships