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Generally a legally adopted child is considered a legal heir. They would have a equal share of a deceased parent's estate who died intestate.

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Q: Do children who have been adopted by another family have same entitlement to estate as other children?
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Your step father contacted you saying his father died and his children were named in his will to receive the interest from some land his father owned You are 36 and he how do you find out what is mine?

Your step father's father died and you think you are entitled to something? Did your step father adopt you? If he didn't adopt you, there is probably no entitlement, unless you were specifically named in the will. The executor of the estate, who may be your step father, will have to show the courts that he distributed the estate as the will specified. If you are in the will, you are entitled to be able to read it. If you are not in the will, and were not adopted, they don't have to share it with you.


Are your stepchildren entitled to your estate?

Unless you legally adopted them your stepchildren are not your legal heirs.


Do step children have any rights as next of kin?

Only step-children who were legally adopted by the decedent would be considered legal next-of-kin. There is a rare exception in states such as New Jersey in which the estate of a person who dies with no other heirs at law can pass to step-children. These issues are governed by state laws of intestacy. You can check the laws of intestacy in your state at the related question link.


In North Carolina if there is no will can the brothers of the deceased override the children's claim to the estate if witnessess swear the deceased left his entire estate to his brothers?

If the will cannot be found, then the state has a default will. In that case, the children of the deceased would inherit the estate, not the brothers of the deceased. Witnesses don't matter.


What rights do adopted sibling have in their sibling's intestate estate?

In most jurisdictions a legally adopted sibling is a legal heir. You would need to check the laws of your state. You can find state-by-state intestacy laws linked in the related question below.

Related questions

What percent is a daughter-in-law entitled when her husband has died and they have no children?

The daughter-in-law is entitled to the widow's portion of her husband's estate, if local law establishes such an entitlement. Her entitlement to a portion of the estate of the parents of a dead husband where there are no children is probably nothing under intestacy laws, depending on the jurisdiction. Even if there are children, the inheritance may go to the children, with the daughter-in-law serving only as a trustee of their inheritance, not to the woman herself. If there is a will, it will be dependent on how it was written.


In NY state does a child that was adopted by another man have rights to biological fathers estate with no will?

no


Could a stepchild be considered an heir to an estate?

to the parents they are blood related to, or adopted, otherwise they must make them an heir by including them in their will.


Can an estate exclude step children?

Yes. Step children have no right to inheritance unless they were legally adopted. In most states, if legally adopted, they have rights of inheritance only if they are minors. An adult child can be disinherited as long as it is done properly by will. In an intestate estate, a legally adopted child is an heir at law. You can check the laws of intestacy for your state at the related question link provided below.


What are the Beneficiaries rights in an estate?

"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.


Can a legally adopted adult be cut entirely out of her mother's estate if she is the only legal heir?

Yes, there is no requirement for children to be left anything if they are adults.


Your step father contacted you saying his father died and his children were named in his will to receive the interest from some land his father owned You are 36 and he how do you find out what is mine?

Your step father's father died and you think you are entitled to something? Did your step father adopt you? If he didn't adopt you, there is probably no entitlement, unless you were specifically named in the will. The executor of the estate, who may be your step father, will have to show the courts that he distributed the estate as the will specified. If you are in the will, you are entitled to be able to read it. If you are not in the will, and were not adopted, they don't have to share it with you.


When the adoptive dad dies will his estate be given to his biological children or will the estate be given to the person who is named in the will?

The adopted child has the same rights as the biogical children, if there is no will. If there is a will, the court will insure that the desires of the testator are followed. The court may make adjustments if the will was written before the adoption.


Father died left will equally to son and daughter son died before dad his half left to his estate but he didnt have one who gets is share?

The share bequeathed by your father to your brother upon your fathers death becomes your brothers rightful heirs to his estate even if he didnt have an estate when he himself died the heirs to his estate are his children unless specifically stated otherwise in his will if your brothers mother is still alive then she will be entitled to her entitlement but if the father had remarried and his spouse is still alive then she has no legal entitlement to anything If son did not have any descendants or a spouse, then the property will be distributed according to intestacy laws for that state, most likely the daughter will get it all. If Father has a surviving spouse, they are going to be entitled to a share, if not all of it. If the son did have a spouse or children, then an estate should be opened to distribute the share.


When a parent dies and a step parent is living in the home what rights do the step children have if any to get their parent's property?

Generally, a step-child has no inheritance rights unless they were legally adopted by the decedent. You should consult with the attorney who is handling the estate or with an attorney who specializes in probate in your particular jurisdiction if you think you may have any claim.


Can adopted child in Virginia claim their biological parents estate?

No. Adoption removes the rights to the biological parents' estate.


Are you entitled to any of your step father's estate?

Generally, you would be considered an heir at law only if you were legally adopted and only to the extent provided by the laws in your jurisdiction unless you are mentioned as a beneficiary under the will. In New Jersey even if you were not adopted you would be entitled to a share of your stepfather's estate only on the slight condition that there is no will, no surviving spouse or domestic partner, no surviving descendants and no surviving grandparents or descendants of grandparents. NJSA 3B:5-4(f). This statue does not make stepchildren heirs at law on a par with natural and adopted children. Natural and adopted children (and their descendants) will still take to the exclusion of stepchildren. It merely saves an estate from escheating to the state in absence of heirs at law and gives it to stepchildren rather than to the state.