FD&A Litigators Prevail in Precedent-Setting Appeal Before Supreme Court of Maryland

James Lillis, Rob Grant, and Phil O’Donoghue of FD&A’s litigation practice recently prevailed on an appeal to Maryland’s highest court involving the administration of an intestate estate. On February 11, 2025, the Supreme Court of Maryland issued a unanimous opinion in In re: Estate of Michael Schappell, 489 Md. 654, a case involving the doctrine of equitable adoption. Adopting arguments made by FD&A, the Supreme Court announced a new legal test to govern the doctrine, permitting a person who was not legally adopted by a decedent to nevertheless inherit from the decedent as an adopted child only in very narrow circumstances. FD&A, representing the personal representative of the estate and intestate heirs, persuaded the Supreme Court to reverse the decision of the Appellate Court of Maryland that would have greatly expanded the doctrine’s application. View the full opinion here.