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Keywords

adoptiondeclaratory judgment
adoption

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Board of Educ. of Montgomery County v. Browning, 333 Md. 281, 635 A.2d 373, 62 USLW 2483, 88 Ed. Law Rep. 118

Facts

Eleanor G. Hamilton died intestate, leaving an estate valued at $394,405.57, with no known living blood relatives. Paula M. Browning, who claimed to be the equitably adopted child of Marian Hutchison (Eleanor's sister), sought a declaratory judgment to inherit from Eleanor's estate. Although Paula had a close relationship with Marian and was told she was adopted, she later discovered that no formal adoption had occurred. The Board of Education of Montgomery County claimed the estate under escheat laws, leading to Paula's legal action.

Paula sought a declaration that she was the equitably adopted child of Marian; and as such was entitled to inherit the Estate of Eleanor G. Hamilton, Marian's sister.

Issue

Whether an equitably adopted child may inherit from the estate of her equitably adoptive parent's sibling.

The Board reasserts its view that an equitably adopted child may not inherit from her equitably adoptive parent's sibling.

Rule

The doctrine of equitable adoption allows a child to inherit from an equitably adoptive parent but does not extend this right to inheritance from the collateral relatives of the adoptive parent.

Under the doctrine of equitable adoption, however, no relationship of parent and child is created and consequently, an equitably adopted child does not attain the status of a statutorily adopted child.

Analysis

The court analyzed the principles of equitable adoption and determined that while Paula could inherit from her equitably adoptive mother, the same did not apply to her adoptive mother's sister. The court emphasized that the equities favoring inheritance from an adoptive parent do not extend to the relatives of that parent, as they have not made any promises or agreements regarding the child's status.

The governing law has been well summarized as follows: 'The determinative factor, of course, is the relation of the child to the deceased in whose estate he seeks to participate.'

Conclusion

The court concluded that Paula Browning could not inherit from Eleanor Hamilton's estate, and thus the estate escheated to the Board of Education of Montgomery County.

We therefore conclude that an equitably adopted child may not inherit from her adoptive parent's sibling.

Who won?

Board of Education of Montgomery County prevailed because the court ruled that Paula, as an equitably adopted child, could not inherit from her adoptive mother's sibling, leading to the estate escheating to the state.

The Board of Education of Montgomery County claimed that it was entitled to Eleanor's estate pursuant to the Maryland escheat laws.

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