Abstract
This Article has reviewed the current state of laws regarding the inheritance rights of children in the nontraditional family. It has, I hope (and yet regret), demonstrated that the laws are here, there, and everywhere in-between. And sometimes they are nowhere at all. It is clear that the efficient probate schemes that have served the traditional family for decades are ill equipped to address many of the problems that face its nontraditional counterpart. The overview provided here emphasizes the magnitude of those inheritance problems. Each of the subtopics addressed in this article-nonmarital children, adopted children, and children of reproductive technology-poses its own series of questions and problems that deserve thorough exploration and discussion. The nontraditional family is here to stay and its presence in society affects us all. Courts, in an often understandably haphazard fashion, are now addressing the inter vivos workings of the evolving family. If today we begin to examine fully and thoughtfully the manner in which wealth should be transmitted in these families at death, we can develop statutory inheritance schemes to ensure a fair and efficient system for tomorrow.
Recommended Citation
Brashier, Ralph C.
(1996)
"Children and Inheritance in the
Nontraditional Family,"
Utah Law Review: Vol. 1996:
No.
1, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1996/iss1/3