Rose of Sharon
New member
What is the name of your state? Virginia
Here is the situation. In the process of filing probate. There are children from a previous marriage. These children were given up for adoption by the biological father. The biological mother's new husband (stepfather) adopted them and children's last name was changed to his last name. Biological father gave up complete rights. The will of the biological father specifically states that no parts of his estate are to go to these previous children. All is to go to his current wife. Do these children from the previous marriage have any rights to his estate given that the stepfather adopted them, the biological father gave up all legal rights and also specifically excluded the children from his Will?
Are these same said children considered heirs in the process of filing probate? Do they need to be listed as heirs?
What is the code in Virginia law that addresses this issue so that I can read it as well?
Thank you so much!
Here is the situation. In the process of filing probate. There are children from a previous marriage. These children were given up for adoption by the biological father. The biological mother's new husband (stepfather) adopted them and children's last name was changed to his last name. Biological father gave up complete rights. The will of the biological father specifically states that no parts of his estate are to go to these previous children. All is to go to his current wife. Do these children from the previous marriage have any rights to his estate given that the stepfather adopted them, the biological father gave up all legal rights and also specifically excluded the children from his Will?
Are these same said children considered heirs in the process of filing probate? Do they need to be listed as heirs?
What is the code in Virginia law that addresses this issue so that I can read it as well?
Thank you so much!