my son passed away less than a month ago. I am his biological mother. His adoptive father took all his possessions and his cremated remains. As he was not married and had no children, as his biological mother, am I not his sole heir?
1 Answer from Attorneys
As your son's natural mother, you are obviously a parent as far as the law is concerned. But the same is true of the adoptive father, assuming there was a formal adoption approved by the Court. In short, an adopted person is considered to be a natural child of his adopting parent if a formal adoption actually occurred. You are right that you are an heir if your son had no spouse or children, but the adoptive father is also an heir to the extent an official adoption occurred. Hope this helps.