What is the right of inheritance of an adopted child who has been omitted from a will?

Although unmentioned in your question, a reasonable assumption is that your father and mother made their wills together. When the first spouse dies, it is quite common for people to leave their entire estate to the surviving spouse. Upon death of the surviving spouse, typical parents leave their entire estate to their children. So, you want to get a copy of your father's will from which you might learn whether you were specifically mentioned and omitted if your mother had died first. If so, that may be what her will says, too. If your mother makes a will that omits you from inheriting her estate, there is little you can do, especially if the will mentions you as a son or adopted son. If she makes no will, you would inherit her estate under Michigan intestacy law.

Dear Sir, My first concern is your location. Your question has been posted in the Utah, USA section of Q &A, which is my state of practice. If your father was not in Utah at the time of his death, and owns no property in Utah, I do not believe Utah law will have any effect on his will or his testamentary estate. If I have described your father's situation correctly, you will need to talk to an attorney licensed to practice where your father passed on, or where he owns property, or both. If your father owned property in Utah or died here, I can help you. The details of the will are important, so you need to get a copy if you do not have one. If your father named you as the recipient of a specific gift, you have a right to that gift. If he gave one part to his wife and one part to his "children", in Utah, adopted children are included in this gift. If you were adopted after the will was written, you might argue that your father intended to include you but had not had the opportunity to do so. Normally, if a wife is left out of a will and her husband has children that are not her own, the wife has the right in Utah to demand a "elective" share (approximately one third of the estate). Children do not have this same right. If you think your father intended to give you something, but failed, or that his wife has failed to pay you what is owed you under the terms of a will, I recommend that you meet with an attorney.

You have no rights to the estate since the will gave every thing to the wife.

I am sorry for your situation. Unfortunately, since the Will does not provide for you, you have no rights in this situation. As an adopted child, you would have the right to inherit from your adoptive mother, unless she changes her Will to provide otherwise. You have no rights in your father's estate, however.

A person can omit any child from a will, or disinherit specific persons, unless that person is a spouse or minor child. Otherwise, an adopter has the same rights of inheritance as a biological child.

Only a spouse has the right of election against a will in NYS. A parent can exclude any child, adopted or not, from a the will as a recipient. For more details, consult a probate or estate planning attorney.

First as an adopted child, you inherit under Mass Statute, the same as a natural child. When your father died he left everything to his wife. That is legal and common. If he had no will, his estate would have been divided between her and his children, adopted or otherwise. When, as and if your adoptive mother dies, you and any other adopted or natural children would inherit under the state statute. Even if she leaves you out of the will you can contest the will then.

You have no right to inherit. If there had been no will, then as an adopted child you would have had a statutory interest in your dad's estate. But since he had a will, it trumps state law.

You should obtain the assistance of probate litigation counsel to challenge the fact you were left out of the will as a pretermitted heir, unless you were specially written out of the will; if you were written out of the will then you may not have a claim. But whether there is a will or not, you are entitled as a pretermitted heir to share in the estate if you were in fact legally adopted.