In re Estate of Hannifin

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William Hannifin took Willis Nakai when he was fourteen years old and raised him as his own child. Nakai's biological parents did not assert parental control over him or support him financially. Hannifin and Nakai referred to each other as father and son and held themselves out to the community as such. When Hannifin died, he was intestate and had no spouse or biological descendants. Nakai petitioned to be appointed as personal representative of Hannifin's estate, and the district court granted the petition. Max Hill, acting on behalf of himself and other collateral relatives of Hannifin, contested Nakai's claim to the estate. The trial court held that under the doctrine of equitable adoption, Nakai was entitled to inherit from Hannifin's estate as though he were Hannifin's legally adopted son. The Supreme Court reversed, holding (1) the common law doctrine of equitable adoption has been preempted by Utah's enactment of the Probate Code; and (2) because Nakai did not qualify under the Probate Code's intestate succession provisions, the district court erred in concluding that he was entitled to inherit from Hannifin. Remanded. View "In re Estate of Hannifin" on Justia Law