McIntyre Tate partner David Strachman wins groundbreaking probate-equitable adoption case
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McIntyre Tate LLP
McIntyre Tate LLP partner David Strachman recently won a groundbreaking
equitable adoption case on behalf of a step son in the Pawtucket Probate
Court. It is believed to be the first such case in Rhode Island. Equitable
adoption applies in an intestate estate to give effect to the intent of
the decedent to adopt and provide for the child. Legal authorities throughout
the United States have applied the doctrine to allow a step child to inherent
from a step parent. As one commentator noted, "The doctrine of equitable
adoption helps avoid injustice often caused to a victimless adult or minor
children who for all intents and purposes was the child of a decedent...
a claim to a right of inheritance under the equitable adoption theory
inevitably places the court in a dilemma, since, on the one hand, the
child is asserting a claim which is conceded to be strong on grounds of
simple justice, while, on the other hand, the court must give heed to
the policy of the Statute of Wills and must not lose sight of the fact
that the claimant seeking to inherit the share of a natural child is a
stranger to the blood of the decedent. . . However, the trend of judicial
opinion appears to favor the doctrine, and in some jurisdictions its recognition
has been characterized as a matter of public policy."