If children where put up for adoption when they where very young, can they go after their biological father’s estate after he dies?
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If children where put up for adoption when they where very young, can they go after their biological father’s estate after he dies?
Asked on June 5, 2013 under Estate Planning, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First off, executing a Will is the best way to ensure just who inherits from an estate. Issues of property distribution arise when a birth parent dies without a Will (i.e. intestate). In such cases, state law determines who may inherit. As a general rule, the court decree that finalizes the adoption ends the legal relationship between the birth parent and the adopted child. There are, however, exceptions to rule in some states. It depends on just what state the deceased was domiciled in as of the date of their death.
At this point, you need to consult with a probate attorney as to the children's rights/remedies in this situation.
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