What can we do if I was adopted at birth and my father died without a will?

Question

I was adopted at birth, my father died without a will, leaving behind my mother and I, I wanted to know who gets his property? Right now we are being sued by his nephew for everything, and it seems there is nothing we can do about it! Is this right? Help please!

Michele Ungvarsky · Answer

Contact an Estate Planning Attorney.  Upon adoption in most states you become the child and heir of your adoptive parents.  Please seek professional help.

Jeffrey Gottlieb · Answer

Need more detail to ascertain whether you are an heir. Take a look at 755 ILCS 5/2-4 and talk to a probate attorney directly.

James Frederick · Answer

There are not enough facts to answer this. Were your parents married? How were their assets titled? In the absence of a Will, the assets that belonged to your father would pass to his next of kin. If your parents were not married, then that would be you, assuming it was a legal adoption. You probably need an attorney to assist you in defending this, since the nephew appears to be determined to pursue this.

Anna Tarasyuk · Answer

You should definitely talk with an attorney. You should know that in California, legally adopted children are, for inheritance purposes, treated like natural born children.

Christine James · Answer

If there is no will your nephew should not be involved at all. You and your mother would be the heirs (if your father adopted you, not gave you up for adoption). Get an attorney as soon as possible. If cost is an issue, find an attorney who will work with you on fees but it seems like your nephew is taking advantage of you.

Georges Shers · Answer

If your father adopted you then your legal rights are the same as though you were a child of his body. His nephew clearly has no right to inherit with both your father's spouse and you alive. I have no idea what he is suing you or your father for. You need to give us more details, but you also clearly will need to see an attorney for exact legal advice as to how to defend yourselves.

Dara J. Goldsmith · Answer

Is your father who adopted you? If so you may be a beneficiary. If you were adopted by another then your "birth father" is no longer your father. If you were adopted by another then you have no right to your birth Father's estate absent him naming you in a will. If you still have questions, seek legal counsel.

Norman Green · Answer

If your father was married, all community property goes to his wife, and separate property gets divided equally between you and her. If he was not married, then you get it all.

Mark T. Peters · Answer

You need to find a local probate attorney. Generally, the wife gets everything if the property was held jointly. Since you were adopted, you are his daughter and if the child is entitled to a portion of  the property it is yours. I don't know why the nephew is suing, but you need to get a local probate attorney to help you through this.

Walter H. Bentley · Answer

If your Father adopted you, then you are treated the same as his biological children and have all of the same rights. If he died without a will (intestate) then everything he left behind(his estate) will have to go through probate. That will occur in the county in which he passed. If there is already a lawsuit against you, you need to consult a lawyer. Probate litigation can be very complicated and you need someone to properly represent you.

Brian Haggerty · Answer

Nephew? How does nephew trump the wife? If your father died with no will (and your father had no other children born to another woman) then his wife inherits all. He can sue you all day long if he wants; once you get in front of the judge and present the wife who lawfully inherits, then nephew is left to explain his predatory use of civil process.

Thomas Edward Gates · Answer

In Washington, when one dies intestate (without a will), the estate goes to the surviving spouse. If no surviving spouse, then the children; includes adopted. The nephew does not fit in the picture. You need to get a probate attorney.

Randall Romei · Answer

As an adopted child you are an heir and descendant of your adoptive father. You would receive a child's share of your adopted father's estate. Your father's living spouse would receive of the estate and the children, born to or adopted by your father, would equally share in of the estate. If no living spouse then the children share the entire estate. As an adopted child you are not considered a descendant of your natural father, but there are certain exceptions. If you were adopted by a descendant of your natural great-grandfather then you would be a descendant of your natural father. If your father died before you were adopted you would be a descendant. If your natural father by written instrument and clear and convincing evidence stated that he wanted to treat you as his descendant the you would be a descendant.

Victor Waid · Answer

If you are the legally adopted child of the father, then you may share in the estate of your father, if property was not held in joint tenancy by your mother with your deceased father. If mother held property in joint tenancy or community property, then she survived to his interest. You are advised to obtain the services of a probate litigation attorney to assist you in protecting your rights in the father's estate.

Jayne Sebby · Answer

Check the intestacy statutes of the state your father resided in at the time of his death.  Generally, the surviving spouse and the decedent's surviving children both by birth and by adoption have the strongest claim to the estate.

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What can we do if I was adopted at birth and my father died without a will?

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