question, mother and father died several years ago, their estate is almost settled, if a child who stands to inherit and is named in the will, is adopted several years after the birth parents death yet prior to the estate being finalized, can that child's inheritance be challanged on the premise that a child adopted by others forfeits their right to inherit from their birth parents estate.
Answered on: 12/12/11, 12:53 pm by Jonathan Chester
You asked "could the inheritance be challenged?"...Yes, someone could always file a lawsuit.
However, [on the limited facts provided] I would be surprised if a Judge would allow the child to be disinherited, since he/she presumably survived both of his/her birth parents. I would need to review a copy of the Will to give you a complete answer, but typically, survival is the only requirement for inheritance.
Did you find this answer helpful?
0 Users found this answer helpful.
0 Attorneys agree with this answer.
Lindabury, McCormick, Estabrook & Cooper, P.C. 480 Morris Avenue Summit, NJ 07901► Other answers from this attorney