intestacy : transfers to children - genetic and adoptive Flashcards
what is the key takeaway from hall
V died and was survived by his widow and their four kids
Two years later, the widow married a new man, Walter, who adopted her children that she had with V
25 years later, V’s brother died childless, unmarried, and intestate
His sole heirs were his surviving brother and sister and the CHILDREN OF BROTHERS AND SISTERS WHO DIED BEFORE HIM
V’s twin brother, was appointed personal representative of the estate
The four natural children of V noted exceptions, alleging that they were entitled to the distributive share of their NATURAL UNCLE’S estate that their NATURAL FATHER would have received had he survived W
Did the trial court err in construing Maryland’s current law regarding natural inheritance by adopted persons so as to deny the apellant’s the right to inherit through their natural parental uncle, when said appellants were adopted as minors by their stepfather after the death of their natural father and the remarriage of their natural mother?
An adopted person does not have the right to inherit from the estate of a natural parent who dies intestate, nor the right to inherit through that natural parent by way of representation.
Adoption does not confer upon the adopted more rights than those that a genetic child has
