Hulsey v. Carter

The plaintiff could not establish a claim of virtual adoption since no agreement was reached between the decedent and his wife to adopt her.

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Appellant Tommie Jean Hulsey filed a petition to determine heirs in the superior court, seeking a declaration that she is the virtually adopted daughter of the decedent, Frank Carson, and therefore is entitled to share in the distribution of Carson’s estate. Hulsey appeals the trial court’s grant of summary judgment in favor of appellees, Nelda Jean Carter and Janie Carter Ray. Having reviewed the record, we conclude that appellant failed to establish the requisite criteria for a case of virtual adoption. Therefore, we affirm. When the marriage between appellant’s natural mother and father ended in divorce, appellant’s mother was awarded custody of the two minor children. Several years later, when appellant was thirteen and her sister was eleven, appellant’s mother married Carson. The evidence indicates that after the marriage, Carson, his wife and her two daughters lived together as a family unit. The evidence also indicates that Carson was a very good step-father to appellant and her sister. However, Carson never formally adopted either girl. Evidence of record shows that until their respective marriages, appellant and her sister kept their natural father’s surname, Lewis. While appellant appears to have had a close relationship with Carson, she also maintained at least some contact with her natural father until his death in 1969, and she continues today to have close contact with his extended family. Appellant also listed her natural father as her father on documents such as her passport and marriage license.

Carson died intestate in 1998. Thereafter, petitions were filed by three different individuals seeking to be declared administrator of Carson’s estate; appellant was not among them. The probate court appointed appellees, Carson’s nieces, as administrators. Appellant then filed a petition to determine heirs, claiming that under Georgia’s law of virtual adoption, she was Carson’s daughter and an heir to his estate. Appellees filed a motion for summary judgment in opposition to the petition, which was granted after a hearing.

Hulsey v. Carter

The plaintiff could not establish a claim of virtual adoption since no agreement was reached between the decedent and his wife to adopt her.

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