Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, February 19, 2014

Article on Intestate Inheritance and Stepparent Adoption


James T.R. Jones (Professor of Law, Louis D. Brandeis School of Law at the University of Louisville) recently published an article entitled, Intestate Inheritance and Stepparent Adoption: A Reappraisal, Property, Trust and Estate Law, Vol. 48, No. 2 (Fall 2013).  Provided below is the editors’ synopsis of this article:

Societal attitudes toward adoptions have shifted over time, and adoption statutes vary widely among U.S. jurisdictions.  Unique challenges arise when drafting statutes that affect the intestate inheritance rights of adoptees.  Drafters of uniform laws and state legislatures attempt to balance the goal of complete assimilation of an adoptee into an adopted family with the prevalence of remarriages and stepfamilies.  This Article analyzes the intestate inheritance rights of adoptees in stepparent adoptions generally, against the backdrop of Kentucky law.  Noting that stepchildren deserve a well-considered examination of their intestate inheritance rights, this Article offers suggestions for stepparent adoption statutes in Kentucky and nationwide.


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