MBE Rules · Wills, Trusts & Estates

Adoption and Inheritance

Cal. Prob. Code §§ 6450-6451

The rule

Adoption creates a full parent-child relationship and severs the birth relationship, except inheritance from the birth parent survives when the adoption is by a stepparent or follows a birth parent's death and the child lived with that parent.

In plain English

When a child is adopted, they gain a full legal relationship with their adoptive parents, and their legal ties to their birth parents are typically severed. However, if the adoption is by a stepparent or occurs after the birth parent's death while the child lived with that parent, the child can still inherit from the birth parent.

Worked example

Jane was adopted by her mother's new husband, Tom, after her biological father passed away. Since Jane lived with her mother and Tom after her father's death, she retains the right to inherit from her biological father’s estate. Therefore, Jane can claim her inheritance from her deceased father despite the adoption.

Memory hook

Adoption cuts ties, but stepparents and deceased parents keep the inheritance link alive.

The trap

Exams may present scenarios where students must decide if an adoption severs inheritance rights, leading them to overlook exceptions for stepparents or posthumous adoptions.

How examiners test it

Questions often involve fact patterns with multiple parental figures and ask about inheritance rights, testing knowledge of the exceptions to the general rule of severance.

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