Can my brother inherit what was left to him by his biological father?

Question

My brother was adopted by my father. He is from my mom's first marriage. His father terminated his rights. We were just contacted that his father died 4 years ago. My brother was included in his will. Can my brother inherit what was left to him?

Edwin K. Niles · Answer

If the will favors him, why not?

James Weiner · Answer

If your brother was included in his ex-parent's  will he can inherit as a result of being a named heir.. regardless of how his apparently the parentage was terminated.

Georges Shers · Answer

Sure, if he is named in the Will he is entitled to what was left to him under the terms of the Will.

Erven Nelson · Answer

Any person who was named as a beneficiary or heir under the will could inherit, regardless of relationship to the deceased.

Victor Waid · Answer

Yes if he was in the will. Suggest he seek probate counsel right away to protect his inheritance rights.

James Frederick · Answer

Yes. A person can leave assets in their Will to anyone they want, whether they are related or not. If the Will is valid, your brother is entitled to his inheritance. There may be additional facts in your case that affect your brother's rights, however, so he should consult with a probate attorney.

Dara J. Goldsmith · Answer

Sure if he is named in the Will as a beneficiary then he can inherit. If he is not named as a beneficiary, he cannot.

Ronald Nims · Answer

Yes, your brother will inherent because he was named as a beneficiary in his biological father's will. When a child is adopted, it cuts off the legal relationship to the biological parent. But if he is named as a beneficiary in the will, it doesn't matter that they no longer have a legal parent-child relationship.

Brian Haggerty · Answer

If it was left to him in a will, specifically, by name, yes.

David Leon · Answer

If your brother is a will beneficiary, then the will should control.

Edward Armstrong · Answer

If your brother was included in his biological father's will he would be able to take his share of the estate if that will did not specifically exclude him or exclude "children adopted out."  If there was no will, however, your brother could not inherit because the adoption procedure would change his "family line."  In other words, the bloodline of the family that adopted him would replace the  bloodline he was born into in the biological sense.

Richard Keyes · Answer

If your brother is included in the will, then he has the right to inherit what was given to him in the will.  Without a will, your brother would not have the right to inherit under Missouri law.

Mark T. Peters · Answer

As long as it was provided in the will, yes.

Christine James · Answer

YES!  Only as a BENEFICIARY OF THE WILL, not as an heir.  GET AN ATTORNEY.

Randall Romei · Answer

Your brother no longer has the right to inherit as a descendant.  The adoption removes the right to claim an inheritance as a son once the adoption process is complete, provided the natural parent did not die before the adoption.  There are special rules if the adopting parent is a descendant of the natural parent.  However, the natural father can make a bequest to anyone under a Will, including your brother.  If your brother was named in his biological father's Will then he could claim his share of the estate as granted by the terms of the Will.

Steven Fluhr · Answer

He may inherit from a will. In fact, anyone can inherit from a will. Each person has the right to leave his or her property to anyone or any institution, even the home for homeless cats.

Jayne Sebby · Answer

Yes, he can, since his biological father specifically included your brother in his will.

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Can my brother inherit what was left to him by his biological father?

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