Legal Question in Wills and Trusts in New Jersey

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.

Asked on 12/12/11, 12:35 pm

1 Answer from Attorneys

Jonathan Chester Lindabury, McCormick, Estabrook & Cooper, P.C.
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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.

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Answered on 12/12/11, 12:53 pm

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