Am I the heir?

[mclarke345]

What is the name of your state?What is the name of your state?What is the name of your state? Michigan

My great aunt recently passed away and today I received a copy of probate papers filed naming me as my deceased father's heir. My father passed away when I was under 2 years old and he was still legally married to my mother. My mom remarried when I was 9 and my stepfather adopted me when I was 15. The papers say something about not having been adopted by another person. Am I the heir? Thank you

 

[lwpat]

Contact the person that sent you the letter and get some more information. It is likely that your mother received a similar letter.

 

[mclarke345]

Thank you for your reply. I have contacted the attorney that sent the information and he has told me that he will make necessary corrections and contact me next week. My mother did not receive any of the papers as she would not be my biological father's heir. My biggest question is, does adoption to a stepparent differ from a parent terminating parental rights in an inheritance? My aunt is telling me that I do not qualify as my biological father's heir because of the adoption. Is she right?

 

[dallas702]

You are still your father's son. Why would you be disinherited because your mother remarried and someone else took responsibility for you as a minor? I wouldn't rely on your aunt (is she due to get your share if you are eliminated?), but you might want to get the opinion of a MI lawyer that is not involved in the probate.

 

[mclarke345]

Thank you for confirming what I already thought to be true, and yes my aunt would get a bigger cut with me out of the picture. The only statement that is confusing me now is the mention of "not adopted by others." Is that a standard sentence to protect against others outside of the family from trying to get a cut of the inheritance? This is so very confusing!

 

[dallas702]

Was this a statement from your great aunt's will, or just something the attorney or your aunt was claiming? Did you know your great aunt very well? Would she cut you out of her will and give your share of your dad's estate to someone else just because your mother later remarried after his death? That sounds odd that she would "punish" you something you had no control over. It just sounds fishy. I am never amazed any more by what friends and family members will do to each other when it comes to a little money.

 

[mclarke345]

Thanks for your help, I have hired a probate attorney to look out for my best intertest. This whole situation is getting ugly, as I just found out last night that the attorney who filed for probate is the son-in-law of one of the beneficiaries. If it turns out that I am legally able to inherit through my father (regardless of what my aunt says), then I will have to decide whether or not to go back after my grandmother's estate. I'm hoping that my aunt was simply misinformed and that she didn't set out to screw me out of what was legally mine. Thanks again.

 

[dallas702]

It follows the pattern. Let us know how it all shakes out.

Good luck.

BTW: if you really have some serious concerns or even proof that the attorney handling this has a conflict of interest, or is acting unethically, let him know that you are aware and will be contacting the MI Bar Assn. That usually wakes 'em up quick.