My father in law deceased in 2011 as an indigent and there was no will or executor to his estate being that he had nothing and was living in a shelter. Recently it has come to light that he had publish and copyrighted a large amount of music and poetry. My husband has two half brothers who were placed up for adoption at birth. The oldest brother is attempting to assume the legal rights to the music and produce it under his name. First question does an adopted child have any rights to the estate? How does my husband go about being named executor of his dad's estate? And how do we protect or assume the copyrights?
It is unclear whether the brothers were adopted into the family or out of the family. However, your husband can certainly file a petition for the probate of his father's estate even if there is no will. The copyrights to the music and poetry can pass to the heirs through intestate succession along with all other property of the decedent. If the brothers were adopted into the family, they have an equal right to the inheritance.
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