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Emancipation from Adopted Parent?


My brother & I were adopted by a step parent when we were 5 & 8yrs old respectively. This adoptive parent was abusive & we had a less than satisfactory childhood under him. He finally left my Mum when we were 14 & 17. Since then we have had nothing to do with him except through the courts where he lied through his teeth & was aquitted of child abuse.

We are now 31 & 34 and have both had our names reverted to our birth fathers name via deed poll. My brother died ten days ago & now we find out we require the stepfathers signature on any legal paperwork before we can settle the estate as he is still listed as the legal guardian because the adoption was never nullified. Consequently he can lay claim to the estate which would upset my brother no end.

My question is has anyone had to deal with this & do you have any advice for my family with regard to negating this adoptive parents rights?

My brother didn't leave a will. There is only myself & one other sister (the adopted parent's natural child who also has nothing to do with her father) besides our mother. We want our mother to be executor of the estate but apparently that requires the other "parent" to co-sign regardless of the circumstances.

Please understand I am not after the estate, I just don't want my brothers memory to be tarnished this way - it would be devestating for him. I'm looking for any loophole to stop this man from having ANYTHING to do with my brothers death/estate.

This seems fishy. Even if the adoption was never nullified, they are not your legal gaurdian as an adult. As an adult, the adoption should not be effecting anything.

THe only thing he would have to do with it is if his name is listed on the property of the estate as part owner. In which case you would have to buy out his share. ANd that has nothing to do with the adoption.

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