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Articles 1 - 15 of 15
Full-Text Articles in Estates and Trusts
Zoning For Families, Sara C. Bronin
Zoning For Families, Sara C. Bronin
Indiana Law Journal
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Danaya C. Wright
This Article examines how more than 50% of children living today may be disadvantaged by 1950s era inheritance laws that privilege and protect only those children living in nuclear families with their biological parents. Because so many children today are living in blended families — single-parent families, lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ) families, or are living with relatives — their right to inherit from the persons who function as their parents are severely limited by most state probate codes, even though they would likely be entitled to child support under the parent-child definitions of most of those states' …
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
Law Faculty Scholarly Articles
This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the “parent” and the adoptee is a “child” even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between “quasi-familial” adoptions and “strategic” adoptions, particularly where inheritance rights are concerned.
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
UF Law Faculty Publications
This Article examines how more than 50% of children living today may be disadvantaged by 1950s era inheritance laws that privilege and protect only those children living in nuclear families with their biological parents. Because so many children today are living in blended families — single-parent families, lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ) families, or are living with relatives — their right to inherit from the persons who function as their parents are severely limited by most state probate codes, even though they would likely be entitled to child support under the parent-child definitions of most of those states' …
A Suggested Solution To The Problem Of Intestate Succession In Nontraditional Family Arrangements: Taking The "Adoption" (And The Inequity) Out Of The Doctrine Of "Equitable Adoption", Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
Part I of this Article examines the doctrine of equitable adoption, focusing on its deficiencies in addressing some of the issues of the modern family. Part II considers the specific issue of intestate succession, the way that the equitable adoption doctrine falls short in providing a consistent rational result of heirship in the modern family, and the reasons for expanding inheritance rights to “family members” claiming an intestate share despite the fact that they were not born into or legally adopted into the family arrangement. Part III proposes answers to these difficult problems, suggesting a statutory provision defining “child,” for …
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Indiana Law Journal
Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.
Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Faculty Scholarship
This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Villanova Law Review
No abstract provided.
Abstracts Of Recent Cases, Robert Glenn Lilly Jr.
Abstracts Of Recent Cases, Robert Glenn Lilly Jr.
West Virginia Law Review
No abstract provided.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Cleveland State Law Review
Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …
Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker
Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker
Michigan Law Review
Testatrix, by her will, left the residue of her estate to her two sisters, their heirs and assigns forever. Appellee, an adopted daughter of one sister who predeceased testatrix, claimed one half of the residue by substitution under the Ohio anti-lapse statute. Held, an adopted child is "issue" within the meaning of the anti-lapse statute, which in terms provides that issue of a predeceased devisee will take. Appellee takes by substitution for her adoptive mother. Flynn v. Bredbeck, (Ohio 1946) 68 N.K (2d) 75.
Construction Of Private Instrument's Where Adopted Children Are Concerned: I, J. Wesley Oler
Construction Of Private Instrument's Where Adopted Children Are Concerned: I, J. Wesley Oler
Michigan Law Review
The institution of adoption is of ancient tradition, knowing primitive origin and tracing its history through many civilizations. Today its universality still bespeaks the human needs from which it springs.
Recent growth of statutory reforms, procedural and substantive, in our adoption system reflects the increasing social interest of the state in this field. Procedurally, extensive strides have been made to safeguard those directly concerned in adoption, and through them to protect the public in general. Substantively the lagging but nonetheless noticeable trend is toward complete legal equivalence between relationship by adoption and relationship by blood. At present, however, such equivalence …
Adoption--Effect Of Informal Adoption In Equity, Charles W. Caldwell
Adoption--Effect Of Informal Adoption In Equity, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Michigan Law Review
The trustee under the will sued for a construction of a clause providing for a gift to testator's children. The dispute was between the natural children of the testator and an adopted daughter, who claimed under the clause as one of the "children," though a prior clause gave her $1, naming her as testator's adopted daughter. The Rhode Island statute provided that adopted children be deemed for inheritance purposes the same as if natural children. The court held that the adopted daughter did not take with the natural children under the clause in question. Union Trust Co. v. Campi (R. …
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Michigan Law Review
The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …