QUESTION
What are my rights as the biological child if my father put everything he owed into his adopted kid's name?
Asked on Mar 14th, 2013 on Estate Planning - Michigan
More details to this question:
My father put his farm’s title and everything he owed into his adopted kid’s name. What are my rights as his only biological son?
18 ANSWERS
You can contest the will or deeds.
Answered on Apr 01st, 2013 at 3:11 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Probably not many the testator can gift their property to anyone. Unless the gift s coerced on based on undue influence you won't have much success.
Answered on Mar 15th, 2013 at 6:13 AM
2 Awards
You don't have any rights unless the transfers were the product of undue influence or otherwise illegal. Your father has the right to leave his property to whomever he chooses.
Answered on Mar 15th, 2013 at 5:46 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is hard to say. You may have no rights, other than possibly to challenge the transfers. This is never easy, but your chances of success would depend on facts not present in your summary. How and when the transfers were made and your father's mental condition at that time would be relevant to determining the outcome. You cannot handle this kind of matter on your own. You would absolutely need a very skilled probate litigator to assist you.
Answered on Mar 15th, 2013 at 5:45 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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If the transfer was while he was alive, you probably cannot do anything. If the estate was left through a will, you may have recourse.
Answered on Mar 14th, 2013 at 4:00 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If your father has a will, you have the right to be mentioned in it.
Answered on Mar 14th, 2013 at 2:04 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You may have a lawsuit as a pretermitted child entitled to part of the estate, unless you were specifically excluded by the will or trust. Obtain legal counseling with a probate litigation lawyer to represent you.
Answered on Mar 14th, 2013 at 1:36 PM
In the absence of undue influence or incapacity that made your father do something he did not really wnt to do, there is nothing you can do. A person has the right to do anything with their property that they want to.
Answered on Mar 14th, 2013 at 1:35 PM
3 Awards
Absent issues of undue influence, lack of capacity, etc., which you do not raise in your inquiry. If you are an adult, that is your father's decision. He has no obligation to leave anything to anyone except for possibly a spouse or minor children. If you are neither, then you have no right to inherit. It is your father's choice. He could give it all away to charity if he so choose.
Answered on Mar 14th, 2013 at 1:35 PM
Thomas Edward Gates
You father has the right to distribute his estate as he sees fit. Even if it means that you are left out.
Answered on Mar 14th, 2013 at 1:33 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If your father transferred ownership into someone else's name, you really have no right to the property. No one has a right to inherit anything, it is totally up to the decedent who they want to leave their estate.
Answered on Mar 14th, 2013 at 1:32 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You do not have any superior rights. The adopted child is treated as a biological child. If there is fraud, undue influence or coercion you may have a remedy. If your father is incapable of making business decisions, then a conservtorship should be established.
Answered on Mar 14th, 2013 at 1:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is a much more complex question than it would appear to be on its face. You will have to bring the details to an attorney and, with them receive specific answers. Generally, if property is titled out of your father's estate during his lifetime you will have very limited, if any, rights.
Answered on Mar 14th, 2013 at 1:32 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Not much.
Answered on Mar 14th, 2013 at 1:31 PM
Depending on the circumstances you may not have any rights. Whether the transfer of title was a legitimate transfer or a result of undue influence or coercion is a different question. You should immediately seek guidance from an attorney who specializes in estate litigation before any rights you may have are time barred.
Answered on Mar 14th, 2013 at 1:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably none, but it depends on how he did it. If he just titled everything jointly, your only hope would be to prove that the adopted child exerted undue influence. If it was by will, if he forgot to name you as his child, then you may have rights as a pretermitted heir. On the other hand if he said, "X is my child and I give him nothing," then that is what you will get.
Answered on Mar 14th, 2013 at 1:31 PM
Your father need not give you anything.
Answered on Mar 14th, 2013 at 1:30 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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There is no "right" to inherit. However, if your father had not titled assets to his adopted son (who, legally is the same as the biological son), and your father died without a will saying who he wanted to get his assets, and he was not married, both of you would share the estate equally.
Answered on Mar 14th, 2013 at 1:30 PM