QUESTION
Would the first cousins receive anything after the property and other assets go through probate or just the brother's adopted children?
Asked on Mar 25th, 2013 on Estate Planning - California
More details to this question:
A first cousin passed away, last of four brothers and one brother had two adopted children.
12 ANSWERS
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Adopted children would come first.
Answered on Mar 26th, 2013 at 11:00 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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All of the estate goes to the children of the deceased brother, if they are the remaining heirs, and they were adopted.
Answered on Mar 26th, 2013 at 10:59 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In the absence of a will Property passes first to spouse and issue (children)If no spouse or children it goes to parents.If no parents to siblings. If siblings have predeceased then it goes to siblings children.(and adopted children are children) per stirrups If there are no heirs there it goes to grandparents and then to first cousins. By The Way Check your definitions. Assuming mean "first cousins" are that they share common grandparents? If so then no nieces and nephews, even if adopted, get it.
Answered on Mar 26th, 2013 at 10:59 AM
If there is no will or trust, the cousins of the deceased would not be entitled to anything.
Answered on Mar 26th, 2013 at 10:57 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If no will, the cousins won't get anything.
Answered on Mar 26th, 2013 at 10:57 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I think you have a somewhat complex situation that should be looked at. I would need to look at the family tree before committing to a distribution pattern. Normally, the children of deceased heirs ARE entitled to the share that their parent would have received, under Michigan law, however.
Answered on Mar 26th, 2013 at 10:56 AM
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If the decedent had two adopted children, they are his heirs.
Answered on Mar 26th, 2013 at 10:56 AM
The best way to answer your question is to review a family tree and when everyone passed away.
Answered on Mar 26th, 2013 at 10:56 AM
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Your question is not clear enough to answer. I strongly suggest you sit down with a local attorney to go over this situation in detail. Most attorneys offer a free consultation.
Answered on Mar 26th, 2013 at 10:55 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Cousins do not receive anything if there are children, natural or adopted.
Answered on Mar 26th, 2013 at 2:42 AM
Usually, the spouse and children both by birth and by adoption, are first in line. After that come surviving parents, then siblings of the deceased, and if all of those are predeceased, the children, both by birth and by adoption, of the siblings.
Answered on Mar 26th, 2013 at 2:08 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Cousins are so far down in the inheritance chain unless They are listed in the will, they won't get anything.
Answered on Mar 26th, 2013 at 1:21 AM