Legal Question in Wills and Trusts in California

Adoptetd children as beneficiaries

I have an issue with my parents' trust. Some background, My father had two children from a previous marriage. Those two children were adopted by another family when they were both very young, and had not been in contact with their biological father for over 30 years. In the meantime, my father remarried and adopted me. I had been raised as an only child and my mother had always told me that I was the sole beneficiary. My parents had a trust written up, but it did not include a section for the beneficiary. I have lost both of my parents recently, and my father's biological children are now seeking interest in the estate.

Do my father's biological children have any rights to my parents' estate?


Asked on 11/25/08, 11:33 am

2 Answers from Attorneys

Janet Brewer Law Office of Janet L. Brewer

Re: Adoptetd children as beneficiaries

Unless there are other facts that apply, a child loses the right to inherit from his biological parents when he's adopted out of that family.

So I don't see where your father's biological children have a claim.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 11/25/08, 12:02 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Adoptetd children as beneficiaries

I would need more information to be certain, but if they were legally adobted and estranged from your parents, they will not likely get anything. Call for an appointment if you'd like more assistance with this matter.

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Answered on 11/25/08, 7:32 pm


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