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Estate of Brittin

Illinois Court of Appeals

664 N.E.2d 687 (1996)

Relevant factsFree

Stephen Brittin adopted his 46-year-old stepson William, who already had five children, under Illinois's adult-adoption statute; William predeceased Stephen, who then died intestate, survived by his biological daughter Mary (plaintiff) and William's children (defendants). William's children petitioned to reopen the estate, arguing they were Stephen's heirs as the children of his adopted son; the trial court agreed and reopened the estate, and Mary appealed, arguing adult-adopted descendants born before the adoption cannot inherit by intestate succession.

IssueFree

Whether a person adopted as an adult, and that person's descendants, are heirs of the adopting parent.

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