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  1. #1
    N128BT is offline Junior Member
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    Rights of an adopted sibling

    What is the name of your state?
    Florida

    My father died a little more than three years ago. He was married to his 3rd wife at the time of his death. His 3rd wife had 2 children from another man prior to marrying my father. My father adopted his 3rd wife's son when the child was 3 years old. I am my father's only natural child.

    My father's father, my grandfather, passed away 6 months ago. My father's 3rd wife claimed 50% of my grandfather's estate in the name of this adopted child. According to our attorney, my father's 3rd wife and her adopted son would also have rights to my property and my grandmother's property in the event of one or both of our deaths. As a result, my grandmother and I both have wills that exclude this woman and the adopted son from any of our properties, etc.

    Since the passing of my father, I do not recognize my father's 3rd wife or her adopted son as being any part of me, any relatives of mine, or any part of my family. I was not involved with any part of this adoption.

    My questions are:
    Is there anything that I can do to legally seperate myself from this child?

    (I would like to stress that my father's 3rd wife and her adopted son have never made any attempt to be civil toward me or my natural family. The only communication they offer is their relentless pursuit of money.)

    Are there any laws that protect the natural family from the adopted idividual?

    If not, what can be done?

    Thank you! [EMAIL]N128BT@aol.com[/EMAIL]
  2. #2
    justmom611 is offline Member
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    Quote Originally Posted by N128BT
    What is the name of your state?
    Florida

    My father died a little more than three years ago. He was married to his 3rd wife at the time of his death. His 3rd wife had 2 children from another man prior to marrying my father. My father adopted his 3rd wife's son when the child was 3 years old. I am my father's only natural child.

    My father's father, my grandfather, passed away 6 months ago. My father's 3rd wife claimed 50% of my grandfather's estate in the name of this adopted child. According to our attorney, my father's 3rd wife and her adopted son would also have rights to my property and my grandmother's property in the event of one or both of our deaths. As a result, my grandmother and I both have wills that exclude this woman and the adopted son from any of our properties, etc.

    Since the passing of my father, I do not recognize my father's 3rd wife or her adopted son as being any part of me, any relatives of mine, or any part of my family. I was not involved with any part of this adoption.

    My questions are:
    Is there anything that I can do to legally seperate myself from this child?

    (I would like to stress that my father's 3rd wife and her adopted son have never made any attempt to be civil toward me or my natural family. The only communication they offer is their relentless pursuit of money.)

    Are there any laws that protect the natural family from the adopted idividual?

    If not, what can be done?

    Thank you! [EMAIL]N128BT@aol.com[/EMAIL]
    It is my understanding that an adopted child has the same rights to a parent as a natural child. Your father was legally this child's father, the same as you. When we began our stepparent adoption, our attorney explained to my husband more than once that the child he was adopting would have all the same legal rights (including inheritance) as any natural children. Someone else may be able to respond with more detail.
  3. #3
    stealth2 is offline Senior Member
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    Yep - adoption makes the kid as much your Dad's as you are. And honestly? If you showed the same sort of attitude towards him/his mother to their faces as you did here? I wouldn't be particularly inclined to be civil to you, either.

    He is entitled to share in your (and his) father's inheritance.
  4. #4
    nextwife is offline Senior Member
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    Quote Originally Posted by N128BT
    What is the name of your state?
    Florida
    My father adopted his 3rd wife's son when the child was 3 years old. I am my father's only natural child.

    My father's 3rd wife claimed 50% of my grandfather's estate in the name of this adopted child. [EMAIL]N128BT@aol.com[/EMAIL]

    First, an adopted child is just as "natural" as any other child. They are not some SUPER natural being. Your dad adopted this child, they ARE your sibling, like it or not. My husband and I have a (Roma) daughter adopted from an Eastern European orphanage, and she is HIS child, just as are his grown kids with his first wife. Actually, in many ways, she is MORE his child because he has raised and influenced her without constant interference. She has his sense of humor, his artistic talent, and so on.

    AS to ANY ONE grandchild being "entitled to 1/2 a grandparent's estate", I have no idea where THAT came from. Sounds like you had a lousy lawyer. Whatever Grandchild share was left (other than by named bequest to that child) would have been split equally between the grandkids, I believe.

    There is NO obligation for a grandchild to be left anything. I know, I lost all four Grandparents, and didn't inherit anything. Without seeing the will, we have no idea what provisions Grandad may have made.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by N128BT
    What is the name of your state?
    Florida

    My father died a little more than three years ago. He was married to his 3rd wife at the time of his death. His 3rd wife had 2 children from another man prior to marrying my father. My father adopted his 3rd wife's son when the child was 3 years old. I am my father's only natural child.

    My father's father, my grandfather, passed away 6 months ago. My father's 3rd wife claimed 50% of my grandfather's estate in the name of this adopted child. According to our attorney, my father's 3rd wife and her adopted son would also have rights to my property and my grandmother's property in the event of one or both of our deaths. As a result, my grandmother and I both have wills that exclude this woman and the adopted son from any of our properties, etc.

    Since the passing of my father, I do not recognize my father's 3rd wife or her adopted son as being any part of me, any relatives of mine, or any part of my family. I was not involved with any part of this adoption.

    My questions are:
    Is there anything that I can do to legally seperate myself from this child?

    (I would like to stress that my father's 3rd wife and her adopted son have never made any attempt to be civil toward me or my natural family. The only communication they offer is their relentless pursuit of money.)

    Are there any laws that protect the natural family from the adopted idividual?

    If not, what can be done?

    Thank you! [EMAIL]N128BT@aol.com[/EMAIL]
    You and your grandmother's wills are sufficient to protect you from the adopted individual. However, there is nothing you can do about your grandfather's estate.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by nextwife
    First, an adopted child is just as "natural" as any other child. They are not some SUPER natural being. Your dad adopted this child, they ARE your sibling, like it or not. My husband and I have a (Roma) daughter adopted from an Eastern European orphanage, and she is HIS child, just as are his grown kids with his first wife. Actually, in many ways, she is MORE his child because he has raised and influenced her without constant interference. She has his sense of humor, his artistic talent, and so on.

    AS to ANY ONE grandchild being "entitled to 1/2 a grandparent's estate", I have no idea where THAT came from. Sounds like you had a lousy lawyer. Whatever Grandchild share was left (other than by named bequest to that child) would have been split equally between the grandkids, I believe.

    There is NO obligation for a grandchild to be left anything. I know, I lost all four Grandparents, and didn't inherit anything. Without seeing the will, we have no idea what provisions Grandad may have made.
    I assumed that he and the adopted child were the only two heirs to the estate...therefore that explained the 50%.
  7. #7
    N128BT is offline Junior Member
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    Thanks for the input everybody. Stealth2 . . . what I typed does sound harsh. Before my father died, he called me one night (crying). I was shocked to learn that he was frightened and sad about the way he was being treated by his wife. It was the first time he ever said anything. He was very ill and very weak. In fact, that very night, I could hear his wife in the background yelling at him for being on the phone. She stopped yelling at him once she found out it was me on the other line. That was the last conversation I ever had with my father. I wish that I would have gotten and my car and taken him away from there. It continues to bother me every single day.

    After he died, his adopted son - my so-called brother, phoned me and bad-mouth my father. It added further insult.

    When my grandfather died . . .
  8. #8
    N128BT is offline Junior Member
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    Quote Originally Posted by stealth2
    Yep - adoption makes the kid as much your Dad's as you are. And honestly? If you showed the same sort of attitude towards him/his mother to their faces as you did here? I wouldn't be particularly inclined to be civil to you, either.

    He is entitled to share in your (and his) father's inheritance.

    Stealth2 . . . what I typed does sound harsh. Before my father died, he called me one night (crying). I was shocked to learn that he was frightened and sad about the way he was being treated by his wife. It was the first time he ever said anything. He was very ill and very weak. In fact, that very night, I could hear his wife in the background yelling at him for being on the phone. She stopped yelling at him once she found out it was me on the other line. That was the last conversation I ever had with my father. I wish that I would have gotten in my car and taken him away from there. It continues to bother me every single day.

    After he died, his adopted son - my so-called brother, phoned me and bad-mouth my father. It added further insult.

    When my grandfather died . . .

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