Legal Question in Wills and Trusts in California
adopted child's inheritance rights from natural parent
My mom's father gave her up for adoption because he didn't want to pay child support when she was young. He reestablished contact years later. He remarried out in California. He passed away about three years ago now. We didn't hear anything about a will at the time though my mom kept in contact with his wife. His wife just passed away two weeks ago and we haven't heard anything yet about a will. However, I was wondering, on behalf of my mother, if she has any claims on their estate as the natural child of her father, though he passed away first and of course, gave her up for adoption when she was younger. Also, if their is a will, and my mother isn't in it, does she have any rights to contest it? Thanks for your help if you can help me. I've been doing research and I found Section 117 of the domestic relations law in NY which I think says adoptees still have claim to the natural parent's estate, but I'm not sure. Not a lawyer. :-)
3 Answers from Attorneys
Re: adopted child's inheritance rights from natural parent
Your mother may have a claim against her father's estate if it failed to mention her. It really depends upon what his will provided. You have not provided enough information to give an answer beyond that.
Re: adopted child's inheritance rights from natural parent
California law allows her to inherit his separate property (not community property) if there's no will or trust under the following conditions: (1) if the natural parent and adopted person have lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent when the child was conceived and died before the child's birth; and (2) the adoption was by either natural parent's sposue or after either natural parent's death.
If the above conditions are met, she can contest any will or trust, but must have evidence to do so.
Re: adopted child's inheritance rights from natural parent
There are a lot of "ifs". If the father's belongings were co-mingled to the point that all of his belongings were community property, they would all go immediately to his wife. If there was a will, it should have been filed with the Superior Court in the County in which he (and later his wife) died.
If there was a will, your mother could be considered an omitted child. There is no easy answer to your question without a considerable amount of additional facts.
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