Legal Question in Wills and Trusts in Illinois
Are children who are adopted by a stepparent still eligible for an inheritance of their birthfather's father? This will states that the inheritance goes to the son who is the children's father and has since died.. The will continues to state that In the event of death, it will go equally to the children.
2 Answers from Attorneys
This requires closer analysis. An adoption generally extinguishes the parental rights of the biological father. But the rights of the biological children may be another matter.
Many different facts will come into play. When was the will written? Does it define "children" or "descendants?" Can the intent of the biological father be determined from context? Does the biological father have other children besides the ones he gave up for adoption?
You may request a free consultation by going to www.legacylaws.com and calling the number provided.
Sometimes. Relevant questions include: Did the natural parent of the adopted person die before the adoption took place? Is there a provision of the Will that specifically addresses adoption? Please consider this, and then contact an attorney to discuss whether you have a case. Feel free to call me. I won't charge for the phone call.
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