By Kent Berk on July 29th, 2025 in Estate Litigation, PROBATE LITIGATION
Adoption can significantly affect inheritance rights, leading to complex legal disputes. A recent Arizona case discussed below highlights how adoption, even without formal records, can impact estate planning and probate outcomes.
In the Matter of Estate of Buchman (No. 1 CA-CV 24-0729 PB, filed 06-24-2025), Division 1 of the Arizona Court of Appeals examined whether Amy Pamela Buchman had been legally adopted by David and Lillian Buchman, despite no formal adoption decree.
At birth, Amy and her twin sister were voluntarily placed with the Buchmans by their biological mother, Barbara Moss, who signed a hospital record relinquishing parental care. Amy was raised entirely by the Buchmans in Arizona, participated fully in family life, and was publicly recognized as their child—facts reflected in a 2015 California birth certificate and her death certificate.
After Amy died intestate in 2021, her biological mother claimed inheritance rights as the surviving parent. The Superior Court granted summary judgment to Amy’s cousin, Stephen Zweifler, who sought appointment as personal representative, finding the evidence—including the birth certificate, affidavits from family members, and community recognition—sufficient to infer a lawful adoption under Arizona law.
The Court held that, under A.R.S. § 14‑2114(C), Moss’s biological-parent rights were forfeited when adoption occurred—even without a traditional decree—effectively excluding her from Amy’s estate and preserving inheritance for the Buchman line. The Court of Appeals affirmed that, as a matter of law, adoption was established and the biological mother could not inherit.
Practical Implications for Arizona Residents in Adoption/Probate Disputes
This case emphasizes critical points for Arizona residents:
- Validity of Adoption: Even without explicit court adoption records, adoption can be established through substantial circumstantial evidence, such as birth certificates and family testimonies.
- Impact on Biological Parents’ Rights: Biological parents relinquish inheritance rights when they consent to adoption, even in informal circumstances. This means biological parents who give up their children for adoption typically cannot inherit from those children under Arizona law.
- Documentation Matters: Properly recorded documents, such as birth certificates, adoption decrees, and other vital records, hold significant weight in estate proceedings and can be pivotal in establishing or contesting inheritance rights.
- Estate Planning Considerations: Individuals involved in adoption scenarios should proactively review and update their estate planning documents to reflect their intended distribution clearly, helping to avoid potential conflicts.
- Legal Advice and Representation: Due to the potential complexities surrounding adoption and inheritance issues, obtaining qualified legal counsel may be necessary. An experienced attorney can assist in navigating these issues effectively and ensuring your estate planning accurately represents your wishes.
How We Can Help
Navigating complexities in probate and adoption matters can be challenging. At Berk Law Group, our experienced probate attorneys assist Arizona residents in addressing disputes involving inheritance rights and estate administration. Whether you are facing issues related to adoption validity, intestate succession, or contested estates, our knowledgeable team is ready to provide effective representation and guidance tailored to your unique situation. Contact us today to discuss your probate and estate litigation concerns.
