Legal Question in Wills and Trusts in Alaska

my husbands daughter was adopted by her stepfather, does she need to be mentioned in my husbands will and does she have any rights to his estate upon his death


Asked on 3/01/11, 1:36 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

No, she doesn't have to be mentioned in the will and she doesn't have any rights to his estate.

"AS 13.12.114. Parent and Child Relationship.

(a) Except as provided in (b) - (d) of this section, for purposes of intestate succession by, through, or from a person, an individual is the child of the individual's natural parents, regardless of their marital status, and the parent and child relationship may be established as indicated under AS 25.20.050 .

(b) An adopted individual is the child of the individual's adopting parent or parents and not of the individual's natural parents, but adoption of a child by the spouse of either natural parent does not affect

(1) the relationship between the child and that natural parent; or

(2) the right of the child or a descendant of the child to inherit from or through the other natural parent.

(c) Inheritance from or through a child by either natural parent or the natural parent's kindred is precluded unless that natural parent has openly treated the child as the natural parent's child, and has not refused to support the child.

(d) To the extent there is a conflict between this section and either AS 25.20.050 or AS 25.23.130 , this section controls."

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Answered on 3/01/11, 2:40 pm


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