Legal Question in Administrative Law in California

Can an adopted child successfully sue her adoptive parents for a share of an inheritance the parents received from her natural father (upon his death) when the child was 10 years old? The child's natural father was also that of the adoptive father. The child is now 50 years old and only now asking for the inheritance. The land and money were in another country. The family lived in the State of CA. All the other heirs of the natural father (sister, etc) abdicated their shares since the inheritance had little monetary value.

Asked on 5/07/13, 10:23 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

It is not possible to predict a result without detailed knowledge of all the pertinent facts. This question is skimpy at best. The fact that the adopted child waited so long after becoming an adult weighs against the prospect of success. The adopted child (adult) may seek an accounting for how the adoptive parents handled the estate. A lot depends on the donative intent of the natural parent which is difficult to establish so long after the event. If the bequest has little monetary value it seems unlikely that the child would be motivated to pursue a lawsuit.

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Answered on 5/08/13, 1:27 pm

Terry A. Nelson Nelson & Lawless

That depends upon the actual facts, documents and law applicable. Your problem is one of location and jurisdiction, and also of statute of limitations. If serious about arranging a consultation to review the situation, feel free to contact me.

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Answered on 5/08/13, 6:22 pm

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