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

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Presentation transcript:

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

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

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

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

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

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

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

 Ascertaining parentage  After death reproduction  Practice notes:

 General rule – not heirs  Exceptions?

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

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

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

 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

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

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

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

 Common Law  Early U.S. Law

 Equitable remedy to prevent unjust enrichment.

 Negligently  Voluntary manslaughter  While insane

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

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

 Common law marriage  Civil unions and domestic partnerships