QUESTION

Can an adopted child inherit from a biological parent who dies intestate if the adopted child was adopted by the blood relatives?

Asked on Aug 20th, 2012 on Wills and Probate - Ohio
More details to this question:
Two children were adopted by their paternal grandparents. The two children have always known that the biological parents were their biological parents, and that they were adopted by their paternal grandparents. They have always had a relationship with their biological father although at times it has been a rocky relationship.
Report Abuse

1 ANSWER

The relevant issues include the language in the adoption order and the laws in effect at the time the biological parent died.  Whether or not the adopted child knows of the adoption or maintains a relationship with the natural parent is not relevant. Ohio Revised Code 3107.15 states "the adopted person [after the final decree of adoption] is a stranger to the adopted person’s former relatives for all purposes including inheritance".  This means that typically an adopted child is not permitted to inherit from a natural parent who dies intestate (without a will) unless the adopted child is specifically referenced in a Will or non-probate asset (e.g., life insurance or other beneficiary designation). This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice. Best wishes.  
Answered on Aug 20th, 2012 at 3:28 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters