Rights of Parker as an adopted child and his issue< Essay
Rights of Parker as an adopted child and his issue<, 508 words essay example
Essay Topic: issue, child, rights
Deemed to be an "illegitimate child," Peri will have to show that he is in fact Paul's son to inherit from Phylicia's estate. If he filed a paternity suit now, he would be within the Massachusetts one-year statute of limitations and would be able to prove whether or not he is Paul's offspring.
Under the Uniform Probate Code, a non-marital child, born after the death of the decedent, can inherit property by the intestate statute, so long as the child was conceived before the decedent died. While the Massachusetts statute operates to provide for the children regardless if he or she is born before or after the decedent's death. Typically, the majority of jurisdictions will follow the UPC rule that allow the heir of the decedent, conceived before the decedent died, but born at some point thereafter the death, to inherit through intestacy as if the child had been alive at the decedent's death. Regardless of the jurisdiction, Peri was clearly conceived before Paul's death, and will therefore be eligible as one of Phylicia's descendants, so long as the paternity test shows he is Paul's child.
As for Rikki, under both the modern statutes and the common law, she is reasoned to be your legal daughter. Because Rikki is your biological daughter, there is no reasoning available to question her relation to your great grandmother Phylicia. Therefore the only thing precluding her benefit from Phylicia's estate at this point is the fact that you are a living ancestor, operating to separate Rikki from direct estate distribution.
e. Rights of Parker as an adopted child and his issue
Peggy adopted Parker guided by her accident presuming she would not be capable of bearing children of her own. It is provided for in every state that, an adopted child is the child of his or her adoptive parents. Parker, as an adoptive child will therefore inherit through his adopted parent(s) and not his biological ones. In other words, an adopted person generally has all the same rights, including inheritance rights, which a child born to the adoptive parent(s) would have. These statutes typically provide that an adopted child loses the right to inherit from the biological family and acquires the right to inherit from the adopting family. In some jurisdictions, the child may retain the right to inherit from its biological family and acquire the right to inherit from the adopting family. As a result, Peggy's adoption of Parker gives Parker the same rights to Peggy's probate estate as all of her other biological children, Patience and Prudence.
The principles outlined above will therefore operate, as the "Picardie family tree" is presently constructed, to provide for Parker's two biological children, Phoebe and Parker Jr, as living issue of Parker at the time of Phylicia's death. Should probate assets stretch that far in succession, Phoebe and Parker Jr, would likely be entitled by general intestate distribution to receive, as devised between them, Parker's one-third share, of their grandmother Peggy's intestate benefit from her grandmother Phylicia's estate.