Legal Question in Wills and Trusts in California

Inheritance

I have 2 children with my wife and child from a prior relationship (not marriage) that was given up for adoption at birth. Does that adopted child have any rights to any inheritance should me and my wife pass away? We have no Will currently.


Asked on 11/03/07, 2:13 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Inheritance

An adopted child is no longer your child, and has no inheritance rights. You can, of course, provide for that child of your own volition. You and your wife should have a living trust package, and if your not sure why, you should read my book. It will be available to order online at www.IWantToCreateMyLegacy.com or at Amazon after the 15th of this month. It is written for laymen and contains the Legacy Trust Package which provides fill in the blank forms you can use to take care of all of your planning needs without and attorney. The bonus is not only will you have what you and your family need for your protection, but you'll understand why you need what you have, and how to make changes without paying a lawyer should you and your wife want to make changes in the future.

If you have any problem getting the book, you can email me or call me.

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Answered on 11/03/07, 2:25 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Inheritance

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that the adopted child should have no rights to your inheritance. However, almost all attorneys would recommend that you get a will drafted, and it's usually part of the will that you mention all heirs and that they are specifically to take no part of your estate at death. This avoids the messy situation of someone claiming that you meant to leave something but didn't due to neglect or oversight.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 11/05/07, 1:12 pm


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