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Are Children Given Up For Adoption Still ‘Descendants’ Of Their Natural Parents?

June 20, 2012

Authors

Luke Lantta

Are Children Given Up For Adoption Still ‘Descendants’ Of Their Natural Parents?

June 20, 2012

by: Luke Lantta

We often see litigation over the inheritance rights of children adopted into a family.  But what about the converse?  What about the inheritance rights of children adopted out of a family?

In In the Matter of the Cecilia Kincaid Gift Trust for George, the Supreme Court of Montana considered this question under Montana law.

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Son Had Standing To Challenge Will And Sale And Lease Agreements

December 5, 2011

Authors

Luke Lantta

Son Had Standing To Challenge Will And Sale And Lease Agreements

December 5, 2011

by: Luke Lantta

You can’t win a fight over a will if you don’t have standing to challenge the will.  We’ve previously looked at standing in the context of guardianship challenges and beneficiaries who thought they could pursue the estate’s claims better than the executor could.  Today, we take a look at who has standing to pursue claims that a will and several contracts were the products of undue influence and a lack of capacity.

In Matter of Estate of Glennie, the Montana Supreme Court reversed a trial court’s decision that a testator’s son lacked standing to challenge the will and to seek to set aside cattle sale and lease agreements entered into by a sibling and the testator.  In doing so, the Montana Supreme Court showed us what to look for under Montana law in order to determine standing.

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