With special guest blogger, Bryan Cave summer associate, Anne Jump.
When people create Wills and Trusts, they routinely define what constitutes a “descendant” in their estate planning documents for purposes of determining who will inherit their estates. Many include in their definition of descendant any child adopted into the family and that child’s descendants. (For a discussion on issues relating to adult adoption, see our prior post, “Girlfriends Come and Go, but Daughters are Forever: the Case for Adult Adoption”.)
But what happens when a descendant is adopted out of a family? For example, where a trust document has defined descendants to include any person adopted by a descendant, a child adopted out of a family may no longer be considered a descendant. The Supreme Court of Montana came to just such a conclusion in the recent case, In the Matter of the Cecilia Kincaid Gift Trust for