[WSBARP] Post-death Adopted grandchild

Bryce Dille Bryce at dillelaw.com
Tue Nov 5 14:54:58 PST 2024


Interesting question for my two bits I would say that until the adoption is final the adoptee was not a grandchild until then,  which was after the decedents death,  until then the parents of the embryo which turned out to be the adoptee were  not in any way related to the decedent therefore the embryo could not be considered as a conceived child of the issue of the decedent when the decedent died.

Bryce H. Dille
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Tuesday, November 5, 2024 2:30 PM
To: 'RPPT listserv' <wsbarp at lists.wsbarppt.com>; KCBA Real Property, Probate and Trust Law Discussion List <rppt-kcba at info.kcba.org.kcba.membercentral.org>
Subject: [WSBARP] Post-death Adopted grandchild

Looking for the collective wisdom on a new one for me. Grandma (died April 2024) leaving a Will which leaves the sum of $5000 to each grandchild (or to a custodian of Personal Representative's choosing for each grandchild if under 25). In August 2024 son adopted a child (not sure of said child's age). Does this newly adopted grandchild receive $5000? If it was a grandchild in gestation, I think the statue is clear, but what about adoptions? What if the adoption were finalized next year?

Client (Grandma's daughter) is not inclined to pay. Surely not worth a big fight, given the amount at stake, but, interested in thoughts of the group.

Heather

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