Legal Question in Wills and Trusts in California
Are ''sins of the father'' passed to heirs?
I work in a family office in MN and I received a call from a client in CA. He was adopted as an infant. As an adult his biological father adopted him. His adoptive father died recently and left behind a tangled mess of unfunded trusts, shadey business deals and very angry clients. The adoptive father completed taxes for others as a side business. Are any of the heirs legally/financially responsible for a lawsuit re: the side business? Can they be named personally in the lawsuit or only as executors of the estate? By virtue of his adoption as an adult, is he no longer a legal heir?
3 Answers from Attorneys
Re: Are ''sins of the father'' passed to heirs?
The estate is responsible for the debts of the decedent. If there is no probate, the persons inheriting the property are liable for the debts, but only up to the amount of property they receive. By the way, the statute of limitations for actions against a decedent/estate is one year from the date of death.
Re: Are ''sins of the father'' passed to heirs?
To the extent that legal heirs inherit money they are obligate to pay debts out of that money. You didn't say where the adoption took place. However, the general rule is that an adoption severs the family ties with the natural family. A member of the natural family may of course leave some money by Will to the adopted child or sibling.
Re: Are ''sins of the father'' passed to heirs?
It appears that there are two adoptions here.
Anyway, only the estate is liable for any obligations of the deceased. If the estate is probated, and proper notice was given to everyone, then creditor claims are terminated by the final probate decree.
In any case, unless the heir was in business with the deceased, they would have no personal liability.
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