Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Code Of Alabama And Uniform Probate Code

    Would the Uniform Probate Code 2-114(c) apply to Alabama law?
    If not, could UPC 2-114 be overturned or enforced by a superior court?


    The Uniform Probate Code provision was revised in 1990 to expand
    application of the rule to both fathers and mothers. The current version of the Uniform Probate Code, Section 2-114(c) provides:
    Inheritance from or through a child by either natural parent or
    his [or her] kindred is precluded unless that natural parent has
    openly treated the child as his [or hers], and has not refused to
    support the child.
    It should be noted that this version applies as well to both marital and
    nonmarital natural parents. See § 2-114(a); see also Monopoli, 49 U. Miami L. Rev
    at 271.


    Thank you.

  2. #2

    Default Re: Code Of Alabama And Uniform Probate Code

    Probate Codes are state laws and vary by state. The UPC has no effect unless it has been incorporated into state law. Here is the section from the Alabama code.

    § 43-8-48. Establishment of parent and child relationship.

    If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

    (1) 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 right of the child to inherit from or through either natural parent;

    (2) In cases not covered by subdivision (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

    a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

    b. The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.

    The most recent case I could find is
    House v. Campbell, 628 So. 2d 448

    1. Sponsored Links
       

Similar Threads

  1. Life Insurance: Automatic Revocation of Life Insurance Upon Divorce, Texas Probate Code 9.301
    By DeniedBeneficiary in forum Insurance Law
    Replies: 3
    Last Post: 09-06-2011, 04:00 AM
  2. Contract Law: Uniform Commercial Code
    By HenryHuman in forum Business Law
    Replies: 3
    Last Post: 05-19-2011, 02:32 PM
  3. Parking Violations: Vehicle Code Code Interpretation
    By Halfajap in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-19-2011, 06:12 AM
  4. Where to Find Provisions in the Probate Code
    By unofornaio in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 02-20-2011, 09:34 PM
  5. Parking and Access: Can Landlord Change Gate Code and Refuse to Give New Code to Tenants?
    By Bluemeanieeater in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 10-20-2008, 01:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources