Legal Question in Wills and Trusts in North Carolina

Is a child eligible for an inheritance from the biological father if they were adopted by another man?


Asked on 1/05/16, 5:39 pm

1 Answer from Attorneys

No. Adoption cuts off all rights of inheritance from the biological parent. The child is now considered the same as a blood/natural child of the adoptive family and the adopted child only has a right to inherit from the adoptive parents.

Of course, this all assumes there is no will. There is no right of a child to inherit at all from a parent. Conversely, if there is a will, then the person who makes the will is free to leave anything at all to anyone else. So if the biological father in your example wishes to leave something to his biological child even though that child was adopted by someone else, then it is imperative that the biological father make a will n naming the adopted child as a beneficiary. If you are the biological father and are in NC, please contact me at [email protected]. I will be happy to prepare a will and other documents for you for a reasonable fee.

If you are the adoptive child, then you can relay this information and it will up to the biological father to make a will.

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Answered on 1/05/16, 8:36 pm


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