There’s a “new” law on the books that affects adopted children. In 1958, G.L. ch. 210 § 8 (“Section 8”) was enacted, which reversed the previous presumption that adopted descendants were not legal heirs and had no right to inherit. The law inferred that it would be applicable going forward. In 2009, Section 8 was amended to make it retroactive for all wills and trusts, regardless of when executed. The legislative intent of retroactivity was supported by fairness and equal treatment for all children, whether adopted or biological. It brought legally adopted children to a level playing field with biological children regarding inheritance rights.
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