Legal Question in Wills and Trusts in Arizona

How do you prove "equitable adoption" If the Biological dad married stepmom when child was still a toddler, dad died 20 years ago and mom died this past year without ever officially adopting son but having raised him as mother-son for over 50 years, and son treated/viewed her as mom entire life?


Asked on 10/22/09, 12:22 am

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

I have never heard of equitable adoption as a legal concept, although there is the more general idea of equity when law does not make people whole. It is possible a court could treat your stepmom as your "putative" (implied) mother since she raised you and treated you as such for more than five decades. But it is also possible they will follow the letter of the law and say that since she never formally adopted you, your birth mom is your only legal mother.

Best of luck to you!

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Answered on 11/02/09, 8:03 pm


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