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 An heir conceived during the intestate’s life but who is born thereafter.

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Presentation on theme: " An heir conceived during the intestate’s life but who is born thereafter."— Presentation transcript:

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2  An heir conceived during the intestate’s life but who is born thereafter.

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5  History  Not recognized in England until  Law developed in U.S.

6  Rights of Adopted Child  Inherit from adoptive parents?  Inherit through adoptive parents?  Inherit from biological parents?  Inherit through biological parents?

7  Rights of Adoptive Parents  Inherit from/through adoptive child?

8  Rights of Biological Parents  Inherit from/through biological child?  Special cases?

9  Impact of type of adoption?  Formal or statutory  By estoppel (equitable adoption)  Adult adoption

10  Common Law  Trimble v. Gordon (1977)  Lalli v. Lalli (1978)  State differences

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12  Ascertaining parentage  After death reproduction  Practice notes:

13  General rule – not heirs  Exceptions?

14  What did the vampire say after attacking the half-blooded person?

15  Collateral relatives of the intestate (e.g., siblings) who share both parents in common.

16  Collateral relatives of the intestate (e.g., siblings) who share only one parent in common. X

17  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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21  Upon felony or treason conviction, all property to government.

22  Upon conviction of serious crime, property passes to heirs.

23  Upon conviction of serious crime, prohibited from being an heir.

24  Common Law  Early U.S. Law

25  Equitable remedy to prevent unjust enrichment.

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27  Negligently  Voluntary manslaughter  While insane

28  Competing policies:  Not deprive of inheritance without just cause.  Allowing killers to take promotes devious schemes.

29  Common law = forfeiture often occurred.  Modern law = irrelevant

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34  Common law marriage  Civil unions and domestic partnerships


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