Adoptee's rights to birth parents estate

[littleLeslie]

My Birth Sister and Birth Brother contacted me about a year ago. I was delighted to finally meet them. My Birth Mother, however, is mentally ill and does not wish to meet me. She has a rather large estate. When she passes away, will my Birth Brother and Sister get everything (they were raised by her?). Am I entitled to anything (since I am her biological daughter)?

 

[I AM ALWAYS LIABLE]

My Birth Sister and Birth Brother contacted me about a year ago. I was delighted to finally meet them. My Birth Mother, however, is mentally ill and does not wish to meet me. She has a rather large estate. When she passes away, will my Birth Brother and Sister get everything (they were raised by her?). Am I entitled to anything (since I am her biological daughter)?

My response:

See my response to you in your identical post in the Family Law forum.

IAAL

 

[advisor10]

10-24-2001

DEAR LITTLELESLIE:

You forgot to mention what state you live in. Some states do allow for ANY NATURAL CHILDREN to be heirs (no matter what their status as adoptees or not). You need to consult with an attorney in whatever state you think your mother will be deceased in to see what that state's law says.

[email protected]

 

[littleLeslie]

Sorry, the start my Birth Monther currently lives in is Maine... Although she could move at any time. I live in Texas. Where can I find the rules for all 50 states?

 

[I AM ALWAYS LIABLE]

10-24-2001

Some states do allow for ANY NATURAL CHILDREN to be heirs (no matter what their status as adoptees or not).

My response:

I would be grateful if you would quote the statute or case law of ANY State where yours is a true statement of current law.

IAAL

 

[advisor10]

11-15-2001

DEAR LITTLE LESLIE:

If your mother is smart enough to prepare a will before she dies, then you will have to wait and see whether she has named you as a beneficiary in that will. Hopefully, there is a friend or relative there that would notify you when she eventually dies.

After she dies, her attorney or a close relative will file paperwork with the probate court to begin processing her will, or dividing her estate (if there is no will).

According to Maine Law (Maine Revised Statues Annotated, Title 18-A, Sections 2-301 & 2-302), "the following people MUST be mentioned in the will: CHILDREN (BORN OR ADOPTED), and the surviving spouse."

You would have to consult with a local probate attorney to find out what you should do if your name has been left out of the will.

The executor of her estate is supposed to make a good faith effort to try to locate you and all other heirs to notify them of what they are eligible to receive, but you can't automatically count on them to do it. If they don't contact you, you should contact the probate court to find out the name and address of the executor and contact him/her to inform them of your address/phone number.

If there is no will and no surviving husband, you 3 children get to split everything equally. Wouldn't that be good news for you!

SINCERELY,

[email protected]