I have a question please, my biological father passed away and I’m his only child. I’m going thru probate and almost at the end. Now my aunt has contacted the lawyer saying I was adopted by my step dad. Does this change my case at all because I was adopted?I am still his biological daughter. I Need help to know where I stand. My biological dads wishes was for me to have his house and stuff. Now the aunt and his mom are trying to take that away. I’m in Florida ty so much
Biological father passed away and my aunt trying to take my house
Im in MA.
I was adopted by my stepdad when I was like 10. My biodad and I were still close, especially as I got older. I have a half sister, there was a will and we both knew what we were getting. My stepmom tried to throw that “he isnt your father anymore” card amd her daughter (my sister) shushed her,
I was his daughter, and the will stood.
He can leave his belongings/estate to whoever he wants.
similarly with me. My stepfather has been raising me most of my life. My bio dad has really never been there but has parents who have a whole estate in Vermont. I doubt anything is legally set for me but I always wonder. He fought child support and never wanted me from the getco. I have mixed feelings…
If you were legally adopted by step father that means that bio dad signed his parental rights away and you are not your bio dads legal child.
If he left you in his will then you would be entitled to whatever he left you. If probate is going solely off “child” status for next of kin – I’d absolutely speak to a lawyer asap.
I’ve had 2 family members (non related, in different states) to pass away, where both signed their rights away to their children and they were adopted by other parents. When it came to probate, the adopted children had no claims. In the eyes of the law, they were no longer their children and had no rights to the deceased’s assets. The big question for you is did he have a will? If he left you his belongings in a will, you can tell your aunt and grandmother to fly a kite!
You being adopted is irrelevant here. What’s relevant here is whether or not your biological father had a valid will. Assuming the will was done correctly, the aunt doesn’t stand a chance other than possibly causing a delay.
anyone can petition a will in probate court. Go file a petition to challenge it ifnm you were in his will they cannot decide for him unless he was deemed unable by mental incompetence when he wrote it.
I’m not 100% sure on this, but I am currently dealing with my mother’s estate… if there is no Will and you were adopted, I don’t think you’re entitled to anything anymore because in the eyes of the law, you are no longer his child. They just waited until now so you did all the footwork for them and they don’t have to pay for most of it now.
NAL but my child was adopted by my husband. In order to do that the bio dad has to sign his rights over. Therefore you’re not next of kin anymore. Unless it’s in the will that he was leaving you anything, you should get a lawyer, if it’s in the will you should be fine.
If you were adopted, like for real, in a court room, with a judge, you loose all natural inheritance rights to your birth father and would be given those under your new father. Without a will you would have no claim to anything that was your birth father’s.
Since you were adopted you are that man’s legal child. If your father Willed you property it is yours. Adoption mattered when it comes to estate taxes. My stepdad never legally adopted me. If he had I would be his legal daughter and my inheritance wouldn’t be subject to taxes. Because he did not I had to pay estate taxes.
Still best to contact your state’s Code or seek legal counsel.
Were your parents married when you were born? Is your mother your bio-mother? You have a potentially complicated case
Get your own lawyer
No. Adoption only extinguishes his right to inherit from you, not the other way around (normally)
People really cannot leave things alone gee