In Matter of Piel , Elizabeth McNabb sued to recover her share of a $9.7 million trust.
Elizabeth was born to Barbara Piel who, "within days" of Elizabeth's birth, allowed the child to be adopted by "total strangers."
Piel later inherited two irrevocable trusts which, upon her death, were to go to her descendents. Elizabeth claimed that the trustee, Fleet Bank, was required to distribute a third of the trust's principal and income to her.
Since an "adopted-out" child is typically excluded from staking an inheritance right to a biological parent's estate, the Surrogate's Court denied the request.
On appeal, the Appellate Division, Fourth Department, reversed and granted Elizabeth her fair share.
When the dispute reached our state's highest court, McNabb was denied a piece of the distribution. According to the New York State Court of Appeals, the law's intent was to "promote [the adopted child's] assimilation ... by providing the new family with the 'legal relation of parent and child'" and to safeguard the "finality of judicial decrees."
In other words, McNabb was left with nothing to grab.
For a copy of the Court of Appeals' decision, please use this link: Matter of Piel