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Published byAbraham Molton Modified over 9 years ago
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An heir conceived during the intestate’s life but who is born thereafter.
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History Not recognized in England until 1926. Law developed in U.S.
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Rights of Adopted Child Inherit from adoptive parents? Inherit through adoptive parents? Inherit from biological parents? Inherit through biological parents?
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Rights of Adoptive Parents Inherit from/through adoptive child?
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Rights of Biological Parents Inherit from/through biological child? Special cases?
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Impact of type of adoption? Formal or statutory By estoppel (equitable adoption) Adult adoption
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Common Law Trimble v. Gordon (1977) Lalli v. Lalli (1978) State differences
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Ascertaining parentage After death reproduction Practice notes:
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General rule – not heirs Exceptions?
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What did the vampire say after attacking the half-blooded person?
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Collateral relatives of the intestate (e.g., siblings) who share both parents in common.
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Collateral relatives of the intestate (e.g., siblings) who share only one parent in common. X
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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
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Upon felony or treason conviction, all property to government.
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Upon conviction of serious crime, property passes to heirs.
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Upon conviction of serious crime, prohibited from being an heir.
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Common Law Early U.S. Law
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Equitable remedy to prevent unjust enrichment.
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Negligently Voluntary manslaughter While insane
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Competing policies: Not deprive of inheritance without just cause. Allowing killers to take promotes devious schemes.
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Common law = forfeiture often occurred. Modern law = irrelevant
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Common law marriage Civil unions and domestic partnerships
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