Law of Wills, 2016A

1983); Wilks v. Langley Adm’r, 451 S.W.2d 209 (Ark. 1970); In re Estate of Fox, 328 N.E.2d 224 (Ind.
App. 1975); Clarkson v. Bliley, 38 S.E.2d (Va. 1946).
3. In which of the following situations might the court find an equitable adoption to enable the child
to inherit from the alleged adoptive parents?
(a). Pete, a widower, was struggling to raise his three year old daughter, Dominic. While he worked,
Pete left Dominic with Jennifer, his neighbor. Pete was killed when he was struck by lightning. Pete
was not survived by any close relatives, so Jennifer made funeral arrangements for Pete. Dominic
lived with Jennifer until she reached the age of majority and went to college. When Dominic was
twenty-five years old, Jennifer died intestate. Dominic sought to inherit a portion of Jennifer’s estate.
(b). When she was sixteen years old, Keisha gave birth to a baby boy who she named Travon.
Keisha and Travon lived with her parents, Emily and Lionel. Two years later, Keisha was injured in
a car accident and had to undergo emergency surgery. At the hospital, Keisha told Lionel, “If I don’t
make it, take care of Travon.” Keisha died during surgery. Emily and Lionel reared Travon until he
reached the age of majority. Lionel died intestate as the result of a heart attack. After Emily received
her elective share, Travon sought to inherit a portion of Lionel’s estate.
(c). Karen and Roberto were the parents of twin daughters, Juanita and Maria. Karen and Roberto
became addicted to drugs. Family and Children Services removed Juanita and Maria from the
custody of their parents and took them to the police station. A social worker contacted Roberto’s
mother, Luisa, and told her to come pick up the children. Luisa took the children to her home and
they remained there until they reached the age of majority. Karen and Roberto Selena never stayed
sober long enough to regain custody of Juanita and Maria. When Luisa died intestate, Juanita and
Maria sought to inherit a portion of Luisa’s estate.
(d). Pinky became pregnant as the result of an affair with a married man. When she was five months
pregnant, Pinky met Douglas. A few weeks later, Pinky and Douglas moved in together. Pinky gave
birth to a son she named Avery. Douglas had his named placed on Avery’s birth certificate. Two
years later, Pinky gave birth to Douglas’ son, Raymond. Pinky and Douglas never married each
other, and Douglas never formally adopted Avery. Nonetheless, Pinky, Douglas, Avery and
Raymond lived as a family. When Douglas died intestate, Avery sought to inherit a portion of
Douglas’ estate.
(e). Amanda was a single mother of a son named Steven. When Steven was only two years old,
Amanda was diagnosed with stomach cancer and given only a few months to live. Amanda’s best
friend, Diane, agreed to care for the baby if Amanda did not survive the cancer. While Amanda was
in hospice care, Diane was transferred to a job in Italy and she took Steven with her. After Diane
left, Amanda discovered that she had been misdiagnosed. Amanda tried unsuccessfully to find
Diane, so she could get Steven back. Amanda was never able to locate Diane. Diane held Steven out
as her son and reared him until he reached the age of majority. When Diane died intestate, Steven
sought to inherit a portion of Diane’s estate.
165