Heir Qualification

Heir Qualification

Posthumous Heirs

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

Posthumous Child

Posthumous Heirs

Adopted Children

History

Not recognized in England until 1926.

Law developed in U.S.

Adopted Children

Rights of Adopted Child

Inherit from adoptive parents?

Inherit through adoptive parents?

Inherit from biological parents?

Inherit through biological parents?

Adopted Children

Rights of Adoptive Parents

Inherit from/through adoptive child?

Adopted Children

Rights of Biological Parents

Inherit from/through biological child?

Special cases?

Adopted Children

Impact of type of adoption?

Formal or statutory

By estoppel (equitable adoption)

Adult adoption

Non-Marital Children

Common Law

Trimble v. Gordon (1977)

Lalli v. Lalli (1978)

State differences

Happy Lunar New Year!

ART Children

Ascertaining parentage

After death reproduction

Practice notes:

Step-Children

General rule – not heirs

Exceptions?

Half & Whole Blood

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

Whole Blood

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

Half Blood

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

X

Approaches

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

Scottish Rule Example

Non-United States Citizens

Unworthy Heirs

1. Forfeiture

Upon felony or treason conviction, all property to government.

2. Civil Death

Upon conviction of serious crime, property passes to heirs.

3. Corruption of the BloodUpon conviction of serious

crime, prohibited from being an heir.

4. Heir Murdering IntestateCommon Law

Early U.S. Law

Judicial Solution =Constructive TrustEquitable remedy to prevent

unjust enrichment.

Legislative Solution = Slayer Statute

5. Heir causing death, but not murderNegligently

Voluntary manslaughter

While insane

5. Heir causing death, but not murderCompeting policies:

Not deprive of inheritance without just cause.

Allowing killers to take promotes devious schemes.

6. Suicide

Common law = forfeiture often occurred.

Modern law = irrelevant

7. Adultery

8. Bad Parents

9. Abuse

10. May-December Marriages

Non-Formally Married PartnersCommon law marriage

Civil unions and domestic partnerships