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adopted persons inheretence rights


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#1 frontier101

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Posted 29 March 2012 - 07:20 AM

Wisconsin-
Can a person whom was adopted at birth, state on any document after the birth father passes away. The couple was not married at the time of the persons birth and did by all legal ways surrender all rights under parental rights.

Can this person after the death of the man(father) be represented as a child or he as the persons father? I do understand that if they are specifically named its not an issue. But can they legally be put on the probate papers filed as a daughter?

Or any other documents pertaining to the deceased person and or estate? Ins. Investment accounts???


#2 Ted_from_Texas

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Posted 29 March 2012 - 07:28 AM

Generally, when a child is adopted all legal connections between the child and his or her biological parent(s) are irrevocably severed, unless the adoption order says otherwise.  The only way an adopted child can inherit from the biological parent is if the parent names the child in his or her will.  Consult local counsel.

#3 Fallen

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Posted 29 March 2012 - 07:34 AM

Your post is pretty much garbled through and through.  While someone can get an idea from the totality of the questions and the subject line what you're getting at, you may want to try again in terms of being more clear.


All that said, there's a difference between surrendering one's parental "rights" and no longer being that person's lawful relation (parent).


Please read, for starters:


http://law.justia.co...1/48/48.92.html


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 pg1067

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Posted 29 March 2012 - 07:57 AM

frontier101 said...

Can a person whom was adopted at birth, state on any document after the birth father passes away.

Can that person state what?  And, obviously, anyone can state anything one wants.


frontier101 said...

Can this person after the death of the man(father) be represented as a child or he as the persons father?

Huh?


frontier101 said...

can they legally be put on the probate papers filed as a daughter?

Who are "they"?  What "probate papers"?


frontier101 said...

Or any other documents pertaining to the deceased person and or estate?

Again, huh?


If you post here futher, I suggest you proofread what you write.  I also suggest you pay attention to pronoun usage.  Also, in a situation regarding an adopted child, references to the "father" or "mother" are vague.  While you probably know what you mean, complete strangers who have no knowledge of your situation other than from your post may not be able to make sense of what you write.


I don't know if this will answer your questions, but, when a child is given up for adoption, the birth parents lose all parental rights, and the parent-child connection between the birth parents and the child is completely severed. Once the adoption goes through, the birth parents and the child are legal strangers to each other.



#5 frontier101

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Posted 29 March 2012 - 10:22 AM

Thank you!

#6 GuessAgain

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Posted 29 March 2012 - 12:43 PM

In LA, a biological child can still inherit from the birth family unless specifically excluded in the will.

#7 frontier101

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Posted 29 March 2012 - 01:50 PM

OK I'll try again!

Is it legal for any person born out of wedlock, who's been legally adopted out at birth. Upon the death of the birth father to represent their self as the deceased's child/daughter to the Probate court, Life Insurance's, IRA's and others for purposes of inheritance.

Is it legal for the Estate to list her as the child/daughter on the administration to Probate papers. Other wise the next of kin would be brothers and sisters. Is it wrong in any way??

I hope this is a little more clear.
Thank you


#8 pg1067

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Posted 30 March 2012 - 02:40 AM

Regardless of what anyone represents or lists on any paper, a child who has been adopted has no legal right to inherit from either birth parent or any other "blood relative" (unless the child was adopted by another member of the family).

#9 pg1067

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Posted 30 March 2012 - 02:40 AM

I should have added ". . . unless that person is named in the deceased's will" to my prior response.




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