Kummer v. Donak

715 S.E.2d 7 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Critzer died intestate. No spouse, siblings, children, or parents survived her. Donak (P) was appointed administratrix of her estate. Eventually, P located the Kummer children (Ds) wherein Ps' deceased mother, Mary, was the biological sister of Critzer. Ds were the niece and nephews of Critzer and apparently were her closest surviving heirs. P eventually discovered that Critzer had been adopted as an adult. P filed a petition for aid and direction and motion for rule to show cause against distribution. Mary was adopted in 1981, at the age of 53, by her aunt by marriage, Arietta Henry Kaleta. The court interpreted Virginia's intestacy statutes to hold that Ds were not Critzer's heirs at law because Mrs. Kummer's adoption severed their legal ties to Critzer and her estate. Ds appealed.