QUESTION
How does a foster child of a family member inherit 50% of an estate held by two members of the family?
Asked on Oct 18th, 2014 on Estate Planning - California
14 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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A foster child isn't considered a related for descent and distribution purposes. They will inherit nothing unless they are named in the will.
Answered on Nov 07th, 2014 at 5:07 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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A foster child inherits only if the deceased left a will or a trust that bequests him the inheritance.
Answered on Nov 06th, 2014 at 2:59 PM
A foster child would have no rights of inheritance unless the parents adopted that child or mentioned them in a will or trust, or added them to a deed.
Answered on Nov 06th, 2014 at 11:52 AM
Divorce Attorney serving New Orleans, LA
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Zitzmann Law, LLC
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That person will have to create a will as foster children have no legal rights under succession law. Also, that person could legally adopt the child.
Answered on Nov 06th, 2014 at 1:08 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's not enough detail in your question. Was the foster child legally adopted by the decedent? Is there a will? How is an estate held by two members of the family?
Answered on Nov 06th, 2014 at 12:56 AM
2 Awards
Foster children are not heirs. If the foster children were not legally adopted, they are not entitled to inherit by law. If there is a will or trust that leaves them some money, they should hire an attorney to make sure they get it.
Answered on Nov 06th, 2014 at 12:56 AM
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Foster children generally may inherit through a last will and, in the absence of a will, only if the decedent legally adopted the foster child. Otherwise, foster children generally do not inherit from their foster parents.
Answered on Nov 05th, 2014 at 7:38 PM
Thomas Edward Gates
A foster does not inherit from the estate since they are not family.
Answered on Nov 05th, 2014 at 7:35 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Either by Will/Trust or if legally adopted and being one of two children.
Answered on Nov 05th, 2014 at 7:34 PM
Assuming that the foster child is not actually a relative of the deceased by birth or adoption, the only other way I can think of is that the deceased left a will stating that the foster child was to inherit part of the decedent's estate. It is also possible that the inheritance was the result of previous court action that directed part of the estate to be left to the child, but this is extremely rare.
Answered on Nov 05th, 2014 at 7:34 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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That's an incredibly vague question. Generally, individuals(s) can leave their estate to whomever they wish. So maybe the foster parents wished to leave 50% of their estate to their foster child and wrote wills that provided for that. The question is just asking for speculation.
Answered on Nov 05th, 2014 at 7:34 PM
3 Awards
The foster child would need to be named in the Decedent's Will as a beneficiary. The foster child does not have intestate rights in Nevada.
Answered on Nov 05th, 2014 at 7:34 PM
A foster child would inherit only if they are a named beneficiary in the will or trust. You should consult with a probate attorney to review the relevant documents and advise you.
Answered on Nov 05th, 2014 at 7:33 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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A foster child must be adopted to inherit by descent and distribution. Alternatively, a foster child could inherit by being named as a legatee under a Will.
Answered on Nov 05th, 2014 at 7:33 PM