Skip to content
Formerly Hosted by the Law Professor Blogs Network

Inheritance — Should it be based on blood or conduct?

Rhodes_annemarieAnne-Marie Rhodes (Professor, Loyola University Chicago School of Law) has recently published her article entitled On Inheritance and Disinheritance, 43 Real Prop., Tr. & Est. L.J. 433 (2009).

Here is a summary of her article:

This Article discusses how changes in the American family have led some scholars to advocate for a more conduct-based approach to inheritance in lieu of the traditional family blood-based approach. The author asserts that this approach is not new to inheritance law and outlines how historical changes, including the advent of legal adoption, have changed the landscape of inheritance law. The author asserts that inheritance law will continue to be based primarily on a two-tiered approach with the familial relationship of the actors as a primary factor and the conduct of the potential heir as a secondary factor.