Hi my uncle passed and left a will. I'm it says if his brother is dead then the money goes to his descended. His brother was my dad. He adopted me and his name is on my birth certificate. He is my dad. Now my dad had 2 kids that he lost custody of and his parental rights were terminated and the kids were adopted by another family. My uncle's will says his descended. I know I'm considered a descendant of his but are the 2 kids that he lost, are they considered descendant of the biological father,? Or did that change when they were adopted . My uncle lived in California were he wrote his will. The state that the adoption are from illinois.
1 Answer from Attorneys
This would make a good law school exam question, but the answer would vary from state to state. If your uncle's estate is being probated in CA, then that state's law would be the most likely one to contain the answer. I would therefore recommend that you repose this question under the California law option provided by this website. For a quick summary of some of the applicable law, see https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/inheritance/ .
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