Urick v. McFarland

Rule of Law:

The doctrine of virtual adoption is a form of promissory estoppel that requires proof of an enforceable agreement to adopt between the natural and adoptive parents; a close familial relationship alone is insufficient to establish inheritance rights in intestacy.

Facts:

• George Urick began living with his mother and stepfather, Gans Litman, at age fifteen after his biological father died.
• Although Litman never legally adopted Urick, the two maintained a close father-son relationship for decades, publicly referring to each other as 'Dad' and son.
• Urick's children referred to Litman as 'grandpa,' and Urick cared for Litman during his elderly years.
• Urick's mother died intestate (without a will) in 1990, resulting in the majority of her assets passing to Litman.
• Litman died intestate two months later at age ninety-one.
• Because Litman left no will and Urick was not a biological descendant or legally adopted, the laws of intestacy dictated that Litman's estate pass to his collateral heirs (blood relatives) rather than Urick.

Procedural Posture:

• Urick filed a claim in the probate court seeking an intestate share of Litman's estate based on the doctrine of virtual adoption.
• The probate court entered a final judgment ruling that Urick was not entitled to a share of the estate.
• Urick appealed the final judgment to the District Court of Appeal of Florida, Second District.