heir qualification

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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 - PowerPoint PPT Presentation

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Descendants

Heir QualificationPosthumous HeirsAn heir conceived during the intestates life but who is born thereafter.

Posthumous Child

Posthumous Heirs

Adopted ChildrenHistory

Not recognized in England until 1926.

Law developed in U.S.Adopted ChildrenRights of Adopted Child

Inherit from adoptive parents?

Inherit through adoptive parents?

Inherit from biological parents?

Inherit through biological parents?Adopted ChildrenRights of Adoptive Parents

Inherit from/through adoptive child?Adopted ChildrenRights of Biological Parents

Inherit from/through biological child?

Special cases?Adopted ChildrenImpact of type of adoption?

Formal or statutory

By estoppel (equitable adoption)

Adult adoptionNon-Marital ChildrenCommon Law

Trimble v. Gordon (1977)

Lalli v. Lalli (1978)

State differences

Happy Lunar New Year!

ART ChildrenAscertaining parentage

After death reproduction

Practice notes:Step-ChildrenGeneral rule not heirs

Exceptions?Half & Whole BloodWhat did the vampire say after attacking the half-blooded person?Whole BloodCollateral relatives of the intestate (e.g., siblings) who share both parents in common.

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

XApproaches1. 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 heirsScottish Rule Example

Non-United States Citizens

Unworthy Heirs1. ForfeitureUpon felony or treason conviction, all property to government.

2. Civil DeathUpon 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. LawJudicial 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. SuicideCommon law = forfeiture often occurred.

Modern law = irrelevant7. Adultery

8. Bad Parents

9. Abuse

10. May-December Marriages

Non-Formally Married PartnersCommon law marriage

Civil unions and domestic partnerships