Legal Question in Wills and Trusts in California

Death without a will

Do you know of a case where an adopted adult, who had reunited with his natural father, died without a will and the natural father inherited all or part of the estate. The only other surviving relative is a maternal cousin.


Asked on 9/30/99, 9:17 pm

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Death without a will

I personally do not know of any cases with those exact circumstances, but you might try legalnews.findlaw.com which is a legal research sight searchable by subject. I would start with wills and then paternal v. adopted relatives. Good luck.

Read more
Answered on 10/04/99, 5:12 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Death without a will

If the adopted adult was a resident of California, try looking at California Probate Code Section 6451. It gives the rules for inheritance in such cases.

Generally, the natural parent would not be entitled to the child's estate unless both of the following conditions are met:

1) The natural parent and adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person's birth.

2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.

Read more
Answered on 10/04/99, 6:23 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California