My adopted son is listed in his biological grandfather will under is old name. will he get what was left to h?

Sly

Of course he can inherit. If the GGfather named the local dogcatcher in his will he can inherit. All you have to do is establish beyond a shadow of a doubt that he is that child.

However, what others may not know is that in many states an adoptee can inherit even if they are not listed in the will as children of the deceased, just as any relative, unless they are specifically excluded. Illinois is one such state. You would need to check to see each particular state law.

However, every state allows someone to name whomever they choose to inherit and they will stand up even against protest as long as the guidelines are followed and it meets the rest of the criteria for the state. If your son's GGFather created this will, he probably has it set up so that the identity will be easy to establish.

One has to wonder, though, why he is so concerned about this now. Where was his support when the mother was pregnant? Seems too little too later to me. Trying to buy his way into Heaven or buy some forgiveness here?

Randy B

If someone in a position of care over the lad finds out about it there should be more then enough paper trail to prove that he is the same person listed in the will. Having said that, he should be able to receive it.

kathy s

Start the paper trail now. Find birth certificates or adoption certificates which link the two names to one person. It's no different then when a divorced parent attempts to put her kids on her insurance policy and their last names are different from hers.

Mommy of Syrell

He should be able to get it. Do you have proof of his other name?

maybe

Hard to say how this will work out. Adoption legally separates the adopted person from the bio-family. This can negatively affect inheritance rights.

But don't give up - if you get lucky you may find an attorney who can come up with something. It will largely depend on the laws in your state.

ETA: Adoption means in the eyes of the law, he is no longer related to the bio-family. He is considered the child of someone else, part of a completely different blood and inheritance line. He is no longer in anyway related to the bio-family (in legal terms). Inheritance rights (especially as it relates to the bio-family) is something no one bothers to think about when adopting or giving up a child for adoption.

mom of many

If they want to give it to him fine, but he is not entitled to it. You adopted into your family and legally he is not their family any more.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: