Probate & Trust Law Section Conference Manual ... - Minnesota CLE

conceived until after decedent’s death, she cannot inherit under the laws of
intestacy and is not entitled to receive child’s insurance benefits from the
SSA. See also, Burns v. Astrue, 289 P.3d 551 (Utah 2012) (holding that a
child born as a result of artificial insemination after the sperm donor’s
death was not a “child” as defined by the Social Security Act because the
sperm donor did not consent to becoming a “parent” within the meaning of
Utah’s Uniform Parentage Act, despite a signed sperm storage agreement).
D. Parent and child relationship: 2-114
1. In re Estate of Boehm, 816 N.W.2d 793 (N.D. 2012). Granddaughter’s
adoption by her step-father did not alter her relationship with respect
to her biological father and she was entitled to inheritance as
biological father’s “issue”. When granddaughter was a minor, she was
adopted by her step-father and her biological father’s parental rights were
thereby terminated. Biological father’s mother (i.e. granddaughter’s
paternal grandmother) executed a will which divided her estate among her
children. In the event that a child predeceased grandmother, such
predeceased child’s share would pass to his or her issue. Biological father
predeceased grandmother. Granddaughter argued that she should be
entitled to biological father’s share of grandmother’s estate, despite
granddaughter having been legally adopted by her step-father. The term
“issue” is not defined in grandmother’s will, but N.D.C.C. § 30.1-01-
06(22) indicates that issue of a person means all of his lineal descendants
of all generations, with the relationship of parent and child at each
generation being further defined by the Code. “Child” includes any
individual entitled to take as a child by intestate succession from the
parent whose relationship is at issue. N.D.C.C. § 30.1-01-06(4). Section
30.1-04-09 further provides, “An adopted person is the child of an
adopting parent and not of the natural parents, except that adoption of a
child by the spouse of a natural parent has no effect on the relationship
between the child and either natural parent.” According to this provision,
granddaughter’s adoption had no effect on her relationship with her
biological father. As a result, granddaughter is entitled to take as a child
under North Dakota’s intestate succession laws and falls within the
definition of “child” incorporated within the definition of “issue.”
Accordingly, the court held that she was entitled to biological father’s
share of grandmother’s estate.
E. Execution; Witnessed Wills: 2-502
1. Farrell v. McDonnell, 967 N.E.2d 637 (Mass. App. Ct. 2012). Even if
witnesses do not actually see testator signing her will, circumstances
may warrant finding that testator’s acknowledgment of the signature
was implicit. In 2006, decedent went to the bank with the intention of
executing her will. At the bank, decedent read aloud an attestation clause
and then signed the bottom of her will in front of a notary public. The
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