Adoptees: Should They Be Allowed To Have Their Adoptions Vacated as a Means To Obtaining a Pretermitted Heir’s Share of Their Biological Parent’s Estate?

Kimberly A. Loranz &Kathryn I. Eims, Adoptees: Should They Be Allowed To Have Their Adoptions Vacated as a Means To Obtaininga Pretermitted Heir’s Share of Their Biological Parent’s Estate? 23 Gonz. L. Rev. 413 (1988)

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The Washington Court of Appeals recently considered for the first time a relatively novel cause of action: whether a natural child of a decedent, adopted by her step-father, but who had successfully had her adoption vacated in another state, could seek a pretermitted child’s share of her natural father’s estate. In holding that plaintiff had stated a claim upon which relief could be granted, Washington has opened the proverbial Pandora’s box. This comment addresses some of the questions courts should consider
when faced with such issues, and suggests some changes which should be made in Washington’s law to prevent unjust
claims. . .

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