Hall v. Vallandingham


FACTS: Earl died survived by his widow, and their 4 kids. 2 yr later, Elizabeth (widow) married J, who adopted the kiddos. Earl's bro, William, died childless, unmarried, and intestate. His only family were his surviving brothers and sisters and the children of the brothers and sisters who prede¬ceased him. Earl's four natural children (PL'S) alleged that they were entitled to the dis¬tributive share of their natural uncle William's estate that their natural father would have received had he survived. The circuit court found that Ps were not entitled to inherit from the decedent because of their adoption by their stepfather after the death of their natural father and the remarriage of their natural mother. (PLS) appealed.

Issue: Do children adopted after the death of a natural parent lose all rights of inheritance from or through that natural parent?

HoldingYes. AFFIRMED

Every state possesses the power to regulate the manner by which property within its dominion may be transmitted by will or inheritance and to prescribe who can receive that property. The state may deny the privilege altogether or may impose whatever restrictions upon the grant it deems appropriate. An adopted child is entitled to all of the rights and privileges of a biological child insofar as the adoptive parents are concerned, but adoption does not confer upon the adopted child more rights and privileges than those possessed by a natural child. To allow dual inheritance would bestow upon an adopted child a superior status.

RuleAdopted children may not inherit from or through their natural parents. Once a child is adopted, the rights of both the natural parents and their relatives are terminated.

Analysis

Because an adopted child has no right to inherit from the estate of a natural parent who dies intestate, it follows that the same child may not inherit through the natural parent by way of representation.