Can A Virtual Adoption Be Undone?

Luke Lantta, of Bryan Cave, writes about whether Virtual Adoption can be done for purposes of inheritance on the Bryan Cave Fiduciary Litigation Blog.  His article begins as follows:

The inheritance rights of adopted children have a long, complex history in many jurisdictions.  In Georgia, add into the adoption equation the equitable doctrine of “virtual adoption.”  In a virtual adoption, the ‘adopting parent’ orally agrees to adopt the child of another as his or her own without actually legally adopting the child and all parties act on the oral agreement to adopt.   Virtual adoption is not legal or statutory adoption.  It is an equitable remedy that is applied only upon the death of the ‘adopting parent’ to avoid an unfair result to the ‘adopted child’ by the application of intestacy laws.

Read full article at Can A Virtual Adoption Be Undone? | Bryan Cave Fiduciary Litigation.


Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.