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inheritance rights of adopted children

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Can A Virtual Adoption Be Undone?

April 23, 2015

Authors

Luke Lantta

Can A Virtual Adoption Be Undone?

April 23, 2015

by: Luke Lantta

The inheritance rights of adopted children have a long, complex history in many jurisdictions.  In Georgia, add into the adoption equation the equitable doctrine of “virtual adoption.”  In a virtual adoption, the ‘adopting parent’ orally agrees to adopt the child of another as his or her own without actually legally adopting the child and all parties act on the oral agreement to adopt.   Virtual adoption is not legal or statutory adoption.  It is an equitable remedy that is applied only upon the death of the ‘adopting parent’ to avoid an unfair result to the ‘adopted child’ by the application of intestacy laws.

As might be expected, these virtual adoption situations are very fact specific.  There must be evidence of an actual oral agreement to adopt and evidence that all the parties acted on that agreement.  The people

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The Inheritance Rights Of ‘Rejected’ Adopted Children

February 20, 2013

Authors

Luke Lantta

The Inheritance Rights Of ‘Rejected’ Adopted Children

February 20, 2013

by: Luke Lantta

When it comes to so-called ‘rejected’ adopted children, many of us are most familiar with the outrage in 2010 when a Tennessee woman sent her adopted son back to Russia on a one-way flight after claiming the 7-year-old had bouts of violence.  But what about the inheritance rights of these adopted children?  Do they have any?

We previously looked at the inheritance rights of biological children adopted out of a family.  Today we’ll turn to the inheritance rights of adopted children who are adopted out of a family in the Matter of Svenningsen, a case of first impression in New York.

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Massachusetts Law Retroactively Giving Inheritance Rights To Adopted Children Ruled Unconstitutional As Applied

August 29, 2012

Authors

Luke Lantta

Massachusetts Law Retroactively Giving Inheritance Rights To Adopted Children Ruled Unconstitutional As Applied

August 29, 2012

by: Luke Lantta

We’ve recently looked at the inheritance rights of children adopted out of families, now let’s look at the inheritance rights of children adopted into families.

Big news out of Massachusetts this week, as the Supreme Judicial Court ruled in Bird Anderson v. BNY Mellon, N.A. that a Massachusetts law that had significant implications for trusts and estates planners, fiduciaries, and especially adopted children was unconstitutional as applied to the trust case before it.

Let’s take a look at the law.

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