Legal Question in Wills and Trusts in California
Does an Adopted Child Have Inheritance Rights and what are they for Calif. , my Hushand is Adopted, the Living Will of his Adopted parents was made up in 1992 when Adopted Father was still living husband is in the living will. Adopted Father passed away 3 years ago and Adopted Mother is still living she is 98 years. She has to of her own natural children and they made changes in the old living will, which I still have a copy of. They made changes since my Adopted Father past away. I do not know what the changes are. My adopted family know longer has anything do with me or the mother and she lives close to us, it hurts not knowing and the possible that her children got her take me out of her Will. If they had there natural mother cut me out or change the Will do I have Inheritance Rights. Steve and Darlajean Moore
2 Answers from Attorneys
If I understand your post correctly, the following apply:
1) Adopted children inherit from their adopted parents in the same manner that natural children born of those parents would inherit.
2) Altering a will after the maker of the will has died is illegal, and the altered will is not valid.
You need to be talking to a competent probate attorney, today.
Mr. Roach is correct. Once adopted, your rights are identical to a natural child. That does not, however, mean you automatically inherit. A child can be left out of a will or trust.
Mr. Roach is wrong, however, in his implication that a "living will" (which is a form of trust, not a will) cannot be altered once one of two married trustors dies. It MAY become irrevocable, and for tax reasons it usually is good for it either to become irrevocable or split into what is called an A-B trust, but without knowing the terms of the trust there is no way to say for sure.
He is right again that you need to go see a lawyer in person.
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