please help if u can

[georgiapeach]

What is the name of your state? georgia
i was adopted by my mothers second hubby..they divorced years ago, he left the state and re-married.. my bio-father, got disabled, my mom was contacted by the social securty dept. to fill out papers for me to get a check ..which i recieved monthly... when my bio-father passed away , myself and his other kids , all had to sign papers together at the funeral home...he was not married at his death..now there is a lawsuit being filed,for wrongful death, do i have any rights? or can his other kids leave me out of the suit?

[LdiJ]

Originally Posted by georgiapeach

What is the name of your state? georgia
i was adopted by my mothers second hubby..they divorced years ago, he left the state and re-married.. my bio-father, got disabled, my mom was contacted by the social securty dept. to fill out papers for me to get a check ..which i recieved monthly... when my bio-father passed away , myself and his other kids , all had to sign papers together at the funeral home...he was not married at his death..now there is a lawsuit being filed,for wrongful death, do i have any rights? or can his other kids leave me out of the suit?

You can be left out of the suit. In fact, I am surprized that you were able to get SS benefits since the adoption took place prior to your bio-father becoming disabled or passing away. Those benefits do survive an adoption, but I never knew that they could be initiated after an adoption.

In any case, since you are not legally the child of your bio-father, you cannot be part of the lawsuit.

[nextwife]

While social security benefits may have continued after adoption
([url]http://www.ssa.gov/pubs/10085.html#who[/url])
you are NOT legally his child any longer. Your mother CHOSE to have your stepdad adopt you, else this could not have occurred. I sincerely doubt you have any rights to join into the wrongful death suit.

Now, if it were your LEGAL dad, then YES, you would have all the same rights as legal dad's biokids would have.

Based upon my research, Georgia is NOT ine of those states that provides any post adoptive inheritance rights to the biochild, so I would presume you'd have no legal standing.



Intestate Inheritance Rights for Adopted Children: Summary of State Laws

[url]www.childwelfare.gov[/url]

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
Information Gateway. Available online at [url]www.childwelfare.gov/general/legal/statutes/inheritance.cfm[/url].

Generally, the court decree that finalizes the adoption ends the
legal relationship between the birth parent (also referred to as
the _biological_ or _natural_ parent) and the adopted child.

There are, however, exceptions to this policy in some States.
For example:

Alaska, Idaho, Illinois, and Maine provide for a continuation of
inheritance rights if stated in the adoption decree.

In Kansas, Louisiana, Rhode Island, Texas, and Wyoming, an
adoption decree terminates the right of the birth parent to
inherit from the adopted person, but the adopted person may
still inherit from the birth parent.

In Colorado, if there are no other heirs, the adopted child
may file a claim against the estate of the birth parent within
90 days of the parent_s death.

Illinois allows the birth parents to acquire from the adopted
child_s estate any property gained from them through gift,
will, or under intestate laws.

In Pennsylvania, an adopted person may inherit from the
estate of a birth relative, other than a birth parent, who has
maintained a family relationship with the adopted person.
Adoption by the spouse of a birth parent generally has no effect
on the right of a child to inherit from or through either birth
parent.


The adopted child is treated by law as the natural child of the
adopting parents, upon the entry of the final adoption decree.
The adopted child, therefore, gains the right to inherit from
the adoptive parents and adoptive parents_ relatives. Adoptive
parents and other adoptive relatives also gain the right to inherit
from the adopted child.

[georgiapeach]

thanks for you ans. i don't understand all of it either... it was years after the adoption that i got a ss check... he had to list me as his child for them to contact my mom.. then i was shocked when i had to sign papers at the funeral home too... and i was also named as his son on the funeral thing, the memory ..you know in loving memory of...