Kisamore v. Coakley

437 S.E.2d 585 (1993)

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Nature of the Case

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Facts

Vivan and Joy Kisamore were given custody of Susan when she was two years old and pursuant to an intent to adopt the child with a six-month living period before the adoption could take place. Susan celebrated her third birthday at the Kisamore home when just a few months later Vivan was killed in a trucking accident. Vivan and Susan only lived 57 days together. Joy got social security benefits on behalf of Susan, but she was not listed as an heir to the estate. Six months later Joy adopted Susan and remarried. Vivan's, father then died, and a substantial estate was to be divided among the heirs. Susan filed a motion to intervene on the disposition of the estate because she was equitably adopted by Vivan. The trial court ruled against Susan, and this appeal was the result.