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What are the inheritance rights of adopted children? |
I am being searched for by a "child" I gave up for adoption 47 years ago and am trying to decide if I want to be found. My husband is more practical than I am and has mentioned that it could lead to claims on our estate, at the expense of the children from our marriage. The other posters are right. Illegitimate children do have a right to an estate if there is no will (intestate). Just write a will and explicitly make sure that the child is left out and your legitimate heirs won't have any problems. Thanks. Adopted children might be different than just illegitimate ones but having a will, will erase the problem all together. Report It They would only have a claim if you die without a will. Write a will. None. The child legally belongs to the adoptive parents now. While it may be nice to talk to them, they have no legal right to anything you own. Once you legally give up parental rights to a child they have no legal claim on your estate. You are, of course, free to include them in your will if you choose. Technically the child you abandoned has no rights because when you gave that child up they are by law considered a separate person to put it in lay-mans terms, you gave up all obligations to them by surrendering your parental rights. However to save yourself a lot of grief I wouldn't suggest that you do be found. I mean think about the personal problems and strain that would ensue, "I just wanted to let you meet me but I owe you nothing when I die, so don't ask me for a penny." Is basically the message that you're giving the child you gave up. It depends on your state law and on how your will is written. Take your estate planning documents to a lawyer and make them watertight before you allow contact with this person. if the child is adopted by someone, that someone assumes all rights to that child. that child is no longer yours, so it doesn't have any claim to inheritance. if that's what you are worried about, then go meet the person. you terminated your rights, for whatever reason, so that child is not yours anymore. Depending on your state, but you are not the legal parent in the eyes of the law....so your child does not have any claim on your estate....you should see an attorney if you have any further questions though. |
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