Am I entitled?

[Am I an Heir]

What is the name of your state? Florida

I was adopted when I was a child. My bio mother died when I was an infant. I was adopted by grandparents.

My bio father recently(within the last year) died. Members of his family(step-children) are involved in an estate battle with an outsider who was given everything evidently in a will. They think I have a legal standing in this case. I have only learned of this in the last 24 hours. Anyone have any opinion in this matter? Part of FL statutes I have found online seem to say I might have a right. (section 63.172(2) )

How long after death does one have to file a will in FL?
How easy to contest a will on mental or duress issues? (alzheimers was involved as I understand the situation)
How long after publication do I have to file a claim or start a contest?

Thanks!

 

[tigger22472]

The fact that you were adopted prevent you from legally having a claim against an estate. If the deceased person felt to leave you something and you are named specifically then the executer and/or attorney is to contact you but to have a general claim that is not possible.

 

[Am I an Heir]

The fact that you were adopted prevent you from legally having a claim against an estate.

That was my gut reaction as well--but looking at the statutes in 63.172 in conjunction with the estate section makes me wonder--since I was adopted by a close relative--which is specifically mentioned int he estate section. I am a simply a very wondering preacher---not a lawyer--so my interp might be slightly off !! Who knows

Thanks for the reply!

 

[tigger22472]

That was my gut reaction as well--but looking at the statutes in 63.172 in conjunction with the estate section makes me wonder--since I was adopted by a close relative--which is specifically mentioned int he estate section. I am a simply a very wondering preacher---not a lawyer--so my interp might be slightly off !! Who knows

Thanks for the reply!

Don't hold me to it.. let me look up the statute and get back to you but generally the adoption vacates this. The grandparents that adopted you, were they your fathers parents or your mothers?

 

[Am I an Heir]

Don't hold me to it.. let me look up the statute and get back to you but generally the adoption vacates this. The grandparents that adopted you, were they your fathers parents or your mothers?

That is what I told the woman I talked to last night--that in order to adopt there had to be a TPR and that would give up all my rights. She and her brother are desperate and grasping at straws. They are losing a ton of money the way it appears.

Mother's mother and her husband (My bio mom's step dad)

 

[tigger22472]

That is what I told the woman I talked to last night--that in order to adopt there had to be a TPR and that would give up all my rights. She and her brother are desperate and grasping at straws. They are losing a ton of money the way it appears.

Mother's mother and her husband (My bio mom's step dad)

Generally a TPR is in layman's terms.. assumed in an adoption(and granted by law). I'm still looking but the way I understand it this statute is more about the rights regarding your rights to your grandparents then of your bio father but if I find something different I will let you know unless someone else comes a long and is sure.

 

[tigger22472]

Ok.. duh helps if you look for 63.172 and not 63.127..LOL

(b) It terminates all legal relationships between the adopted person and the adopted person's relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.

I'm assuming THIS is the part they are speaking of. SO the next step is to look at probate laws and see what they actually say.

(c) Except for rights of inheritance, it creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.

This section here pertains to your grandparents/parents if I in fact am reading it correctly.

(2) If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child's right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752. For purposes of this subsection, a close relative of a child is the child's brother, sister, grandparent, aunt, or uncle

Ok.. now what this means if say after your mother died you went into the cutody of your father and he remarried and at that point either his wife or another 'close relative' adopted you it would not prevent you from inheriting from your mother's estate(as your mother did not have any rights terminated as she wasn't living). When the adoption went through your father's rights were terminated.

Again, this is how I'm reading it. If someone else sees it differently I suspect they will say so

 

[Am I an Heir]

Little transpositions seem to make a lot of difference for some reason

Here is the other part of the statute that gives me pause in the other direction though:

732.108 Adopted persons and persons born out of wedlock.--

(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a lineal descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent's family, and is not a lineal descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent's family or any prior adoptive parent's family, except that:

(A & B deal with spousal adoption)

(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.


That seems to say I might be entitled to get in the fight. My purpose in getting in would to help the other folks--they have been hurt enough by my bio dad during the years--this was just one last thing---that may have been unduly influenced. Obviously I have lots of wondering going on and no way to talk to an att in FL until Monday

Thanks for all your replies!!

 

[tigger22472]

Little transpositions seem to make a lot of difference for some reason

Here is the other part of the statute that gives me pause in the other direction though:

732.108 Adopted persons and persons born out of wedlock.--

(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a lineal descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent's family, and is not a lineal descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent's family or any prior adoptive parent's family, except that:

(A & B deal with spousal adoption)

(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.


That seems to say I might be entitled to get in the fight. My purpose in getting in would to help the other folks--they have been hurt enough by my bio dad during the years--this was just one last thing---that may have been unduly influenced. Obviously I have lots of wondering going on and no way to talk to an att in FL until Monday

Thanks for all your replies!!

I still don't see where you're reading it about the bio. This still seems to me about the grandparents. They were not BLOOD relatives to your bio father, only of your bio mother. I also believe these statutes exists the way they do now due to a lot of step-parent adoptions and to make sure that it's clear when that happens the living parent and their family doesn't lose rights. In your case I don't believe that is the case what so ever.

 

[Am I an Heir]

Tigger or anyone else--

When did TPR's become common practice in adoption cases? Any idea? I find some references in the early 70's but not before--how were adoptions handled in the mid 60's?

Thanks!