Elrod v. Cowart – Inheritance rights of adopted adults
Posted: February 4th, 2009 by Gaslowitz Frankel LLCWhen a testator died in 1970, his will left real estate to his son for life and provided that after the son died the property would be shared equally by the testator’s four daughters, a named grandson, and any children of his son. The son had no biological children, but in 2004 he legally adopted a man who was 32 years old. The son died in 2005. Two years later, a petition was filed asking the court to interpret the testator’s will, disputing the adopted adult’s entitlement to his one-sixth share of the estate. The superior court found that the law applicable at the time of the testator’s death in 1970 governed the interpretation of the will, and under that law, the adopted adult would inherit. An appeal followed.
The Supreme Court upheld the lower court’s holding. Under Georgia law, in 1970 and currently, an adopted adult shall be considered in all respects as if he or she were a biological child of the parent. The adopted adult shall be able to inherit under the laws of intestacy or under any provision of a will, unless expressly excluded. Thus, if a testator wanted to limit a bequest only to blood relations, such a provision would have to be explicitly stated in the will. In this case, there was no such provision, and thus the adopted adult was entitled to his share of the estate as a child of the testator’s son.
2009 WL 54955 (Ga.)
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