Adopted Adults: Court Applies Statute Preventing Adopted Adults From Receiving Inheritance.

I’m always curious to see how remote the conclusion of a case involving application of a probate rule is to the legislative intent of the rule at the time of it becomes law. One such case recently surfaced in New England where the court’s application of a Rhode Island intestacy statute resulted in what may be considered an unjust and bizarre result.

In Fleet Nat’l Bank v. Hunt 944 A.2d 846 (R.I. 2008) the court faced the estate administration of Art Hadley, a self-made entrepreneur and successful New England businessman, who died in 1941; survived by his wife, Frances and his two children, Thomas and Sarah.

After Art Hadley’s death, Thomas married Betty, who had two children from prior relationships: Janet Hunt and Lucille Foster. A few years after Frances died, Thomas formally adopted Janet Hunt and Lucille Foster, both of whom were over eighteen years old. In 1993, Thomas died, having no biological children but survived by Betty and his two adopted daughters, Janet Hunt and Lucille Foster.

Art Hadley’s other child, Sarah, died childless and unmarried on January 3, 2002. Her death triggered the distribution of two Hadley trusts. At the time of her death, Art Hadley had no surviving children, or biological grandchildren, or biological issue. However, Thomas’s two adopted daughters, Janet Hunt and Lucille Foster, were living. Read the rest of this entry