Legal Question in Wills and Trusts in Virginia

Re: Heirs at Law

There is some authority that might establish that an adoption does not extinguish the right to inherit.

Re: Heirs at Law

This is not a simple question that can be

answered in a shallow way. I think there may

be some significant problems in the son

inheriting. However, the situation in which

inheritance rights are cut off DO NOT involve

this type of situation. When a parent gives a

child up for adoption to a total stranger,

the rights of inheritance ARE cut off, and the

child becomes in all respects the child of the

new parents, including for inheritance.

But that is NOT what happened here. The son did

not give up his child for adoption. The son

died. The legal rule in which inheritance rights

are cut off in part involve the decision of the

parent to sever parental rights and give away

the child to new parents. That did NOT occur

here.

Furthermore, I am GUESSING from your question

that the new stepfather married the son's widow?

In other words, the widow of the dead son

continues to be the mother of the grandson?

Again, this is NOT the type of situation at all

in which inheritance rights are cut off.

So what is the result? I do not think you can

get a simple answer to this. I think this is

unusually complicated and requires the legal

advice of an attorney experienced in this area.

FURTHERMORE, you should look into the question

of whether the widow as the surviving spouse

is an heir to the grandmother's estate. Again,

the widow did NOT divorce the son. She survived

the son after a death. As a result, the estate

might be divided between the widow and the

grandson.

But you need some detailed legal advice on this.