QUESTION
My bio-father died, I am adopted when my divorced mother married again. Can I claim inheritance?
Asked on May 20th, 2013 on Estate Planning - Michigan
13 ANSWERS
2 Awards
You cannot have it both ways. Once you are adopted by an adoptive father, your rights in your biological father's estate are terminated unless you were specifically named in his will/trust as an heir. You have no claim as an intestate heir from your biological father.
Answered on May 22nd, 2013 at 1:04 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not entitled to claim an inheritance if you were legally adopted, unless a share of the deceased's estate was willed to you by a will or a trust.
Answered on May 22nd, 2013 at 12:01 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You cannot claim an inheritance from your biological father, but you can claim an inheritance from your adoptive father. Of course, either of these men could have executed a Will that changes who inherits from them.
Answered on May 21st, 2013 at 9:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, an adopted child inherits from the adoptive parent.
Answered on May 21st, 2013 at 12:54 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If legally adopted by someone else you lose right to adopt from biological father.
Answered on May 21st, 2013 at 12:03 PM
2 Awards
No. Adoption severs the parent child relationship and that includes for inheritance purposes.
Answered on May 21st, 2013 at 12:02 PM
3 Awards
No, not unless he left you something in his Will acknowledging that you were no longer his child. Once you were adopted by another man, all intestate/inheritance tied were permanently severed.
Answered on May 21st, 2013 at 12:02 PM
Not from your biological father you can't.
Answered on May 21st, 2013 at 12:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Nope. When the adoption took place, just as your bio father lost all rights to you, you lost all rights to him and his property.
Answered on May 21st, 2013 at 12:01 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If you were LEGALLY adopted by your mother's new husband you may not inherit from your biological father - the adoption would have severed that "tie." If, however, the new husband only "adopted" you in spirit - not through the legal system, the answer would be different.
Answered on May 21st, 2013 at 12:00 PM
You likely can still inherit. It sounds like you were adopted by a step-parent and thus you do not necessarily lose rights to inherit from your natural parent. See California probate code section 6450 and following.
Answered on May 21st, 2013 at 12:00 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Probably not. His parental rights were terminated. You should contact an attorney to discuss the situation in greater depth.
Answered on May 21st, 2013 at 11:59 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. You would need to review the adoption paperwork with an attorney to be sure. I have seen it work both ways.
Answered on May 21st, 2013 at 11:59 AM