QUESTION
Can an adopted son who changed his name back to his birth name be given rights to his adoptive parents property?
Asked on Oct 17th, 2013 on Estate Planning - Michigan
More details to this question:
My aunt and uncle adopted a child several years ago. The child (now adult) met his biological parents and changed his name back to his "birth" last name. My uncle passed away several years ago and left everything to his wife. She just recently passed away and the "child" did not tell anyone in the family. Not even his own children. He would not let anyone see his mother while she was in a nursing home. He made all of the funeral arrangements private so no one knew about the funeral. He has moved his now wife's adult child into his parents home. He will not return anyone's calls. He is not talking to his children. We are not sure if there is a power of attorney. According to him his mother left everything to him. There are things in the home that belong to my mother's father his uncle that passed away several years ago but he will not let anyone know anything. Is there anything we can do? He has now recently changed the home property into his mother's name and his name and before it was in his mother and father's name. Please help!
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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He will have to live by the terms of her will.
Answered on Oct 31st, 2013 at 6:14 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If this son was legally adopted, he has a legal right to his parents possessions. After death, a power of attorney is void. If he is the only heir of his parents, then he is probably entitled to their property, regardless of what he changed his name to. However, if there are items that belonged to other family members, then you may be entitled to those items if you can show that they did not belong to his mother. He most likely opened up a probate estate to transfer his parents possessions to himself. This is public record so anyone can look at this file at probate court.
Answered on Oct 23rd, 2013 at 2:32 PM
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It may be all fine. If you want specific answers you will need to have an attorney review the chain of title, etc. Changing his name does not change the fact that he was the adoptive patents' child. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 21st, 2013 at 3:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Under the limited facts, it sounds like he very well might have the right to the property, including the personal items. Who they belonged to originally, is not relevant. They presumably became her property, upon the original death. Unless there was a Will that provided otherwise, I think you are out of luck. One possibility would be to simply ask him for the items and see if he is willing to give them to you.
Answered on Oct 18th, 2013 at 7:19 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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What you're describing cannot be. You need to hire a lawyer to look at the exact facts and circumstances and make a plan. Do not delay. Every day that passes makes it harder to correct what has gone on.
Answered on Oct 18th, 2013 at 4:25 PM
The fact that he changed his name does not affect his rights to inheritance or property. He is the only child so he is their heir at law. If they did not leave a Will, it all goes to him. If they left a Will, the property would go as the Will says. You will need to investigate to see if there is a Will. If there is, you can initiate a probate proceedings to enforce it. I don't understand about what you are saying about changing now the property into his mother's name (is this his birth mother) Otherwise, he is probably within his rights.
Answered on Oct 18th, 2013 at 4:14 PM
An adopted child, even one who restores his birth name, is just as entitled to inherit from his parents as a child by birth is. Someone should petition the probate court to oversee the settlement of your aunt's estate and to file any will with the court. Any interested party - any heir, relative, creditor, etc. - can do this. Check with a local estate attorney for assistance.
Answered on Oct 18th, 2013 at 4:09 PM
Yes, a legally adopted person can change his name without changing from whom he can inherit by operation of law. In a probate proceeding, notice must be provided to all natural heirs and persons named in the will.
Answered on Oct 18th, 2013 at 3:53 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The natural parents would have had to will the property to him, as he lost all rights to inherit after he was adopted, unless they adopted him back. You need to obtain the assistance of a probate litigation lawyer right away to prevent him from disposing of the assets without a court determination of the rightful owners.
Answered on Oct 18th, 2013 at 3:41 PM
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Your fact pattern is very confusing using uncle, child the short answer is an adopted child, regardless of name, is a child for inheritance purposes of the person who adopted him/her. If you are on equal footing (another child), contact an attorney. If you are a niece, nephew, brother or sister, the child will prevail. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Oct 18th, 2013 at 3:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it is quite possible that he received all of his adoptive mother's property in the circumstances described. What is it you want?
Answered on Oct 18th, 2013 at 3:07 PM