Can an Adopted Child Inherit the Share of a Deceased Heir?
Full Question:
In the case of inheritance with a will that lists the living children of the deceased as heirs and disinherits the biological daughter of a deceased child, would an adopted child inherit if the parents were seperated or divorced and the deceased did not know of the adoption? The son preceded his father in death. The grandfather of the adopted child was preceded in death by his son Jim who adopted his wife’s child by a previous marriage. They were separated in 1993 and Jim passed in 1995. The grandfather , Tom would be the adopted grandfather, he passed January 18,2010.
02/23/2010 |
Category: Wills and Estates |
State: Colorado |
#21120
Answer:
The answer will depend on the language of the will. Adopted children generally have the same right to inherit from the adoptive parent as a biological child, regardless of notice of the adoption. If the father of the adopted child was an heir according to the will and the will specified that distribution was to be made "per stirpes" or "by right of representation", then the heirs, including the adopted ones, of the deceased son would stand in his place to inherit the deceased son's share. If not, then the share of the deceased son would go into the "residue" of the estate and be distributed according to the residuary clause, which specifies how property that isn't specifically bequeathed will be distributed.
