[WSBAPT] Quasi Adoption for inheritance purposes

[Karen E. Boxx]

A long shot, but there is a doctrine of equitable adoption.  No reported cases in WA recognizing the doctrine, but I think the trial court applied equitable adoption in the Billy Tipton case out of Spokane (check google).  There are reported cases in Alaska and other states.  And re: the mother, Estate of Fleming 98 Wn.App. 915 disinherited a mother whose parental rights were terminated even tho the child wasn't adopted by another family.  But abandonment wouldn't be enough, I don't think.


Professor Karen E. Boxx
University of Washington School of Law
Box 353020
Seattle, WA 98195-3020
206.616.3856



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Scott Kee
Sent: Wednesday, March 18, 2015 11:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Quasi Adoption for inheritance purposes

Listmates:

I have a client who is a stepchild of the deceased.  Deceased left no Will, and inherited all of what he owned at the time of death from my client's mother, decedent's wife(who died 6 months prior).  At the time of death decedent was not married, had no kids and no siblings.  Decedent was abandoned by his natural parents at an early age and raised by another family.  Prior to his death, decedent claimed he was adopted, however it appears that was not case. Our investigation reveals no evidence of an adoption.

If the above is correct, the estate would normally escheat.  However, client filed a probate, seeking to inherit under RCW 11.04.095(inheritance from stepparent to avoid escheat).  An affidavit from decedent's birth mother was filed, claiming she is the only heir.

Question---Is anyone aware of authority supporting an argument from my client that there was a "quasi" adoption, or that the natural mother lost inheritance rights by abandoning decedent at an early age and not being involved in decedent's life for 50+ years.  I feel like the answer is "no" and equity really doesn't matter in a case like this . . . .

C. Scott Kee
Rodgers Kee & Card, P.S.
324 West Bay Drive, Suite 201
Olympia, WA 98502
(360) 352-8311
scottkee at buddbaylaw.com<mailto:scottkee at buddbaylaw.com>

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