Question for IAAL

My father in law has a daughter from his first marriage and she was adopted by someone else. The question is, when he passes away, is the daughter entitled to any money or anything? She is a devious person and he is a little worried about what she could do. We reside in Arizona, but their marriage/divorce took place in Missouri. If you need more info., let me know. Thanks!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by teddybear25:
[b]My father in law has a daughter from his first marriage and she was adopted by someone else. The question is, when he passes away, is the daughter entitled to any money or anything? She is a devious person and he is a little worried about what she could do. We reside in Arizona, but their marriage/divorce took place in Missouri. If you need more info., let me know. Thanks![/b]<HR></BLOCKQUOTE>


My response:

This is a very, very good question. Subject to narrow, statutorily-created exceptions having to do with Indian Tribal Customs, adoption severs the parental relationship between the child and his or her biological parents. As a result, an adopted child normally does not have standing to sue for the wrongful death of a biological parent, nor can that child take from the Estate of the biological parents. The adopted child has no more standing to take from your father's estate than I do.

However, like anyone else your father may make a bequest to anyone he chooses, and your father can specifically make a bequest to that child, just like he can specifically leave a bequest to me, IAAL, if he wants to (and I would appreciate it). But, the adopted child has no "automatic" rights any longer to your father's estate. The adopted child only has rights to her adoptive parents' estate, as if she was naturally born to those adoptive parents.

He can, if he wants to make absolutely certain, and to have peace of mind, make a specific bequest to her of $1.00 (One Dollar), ONLY. Then, in that instance, if there is a "loophole", cannot claim that she was a "pretermitted heir", by saying in his Will - - "I have a biological daughter by the name of Sally Jesse Rafael, who was legally and formally adopted by Jerry Springer in 1965. I give only $1.00 (One Dollar) to Sally Jesse Rafael".

Your Dad's okay.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 10, 2000).]