Legal Question in Wills and Trusts in California
Regarding Probate Code 6451 - My aunt died intestate in California. Because she had no husband or children or living parents, her estate goes to her two living siblings and the offspring of her deceased brother. His eldest daughter was adopted by her step-father at age two when he gave up all parental rights. Is she entitled to inherit from the estate even though she is not his legal daughter? An attorney told me no - however reading through the code it looks like she may be entitled to a third of her deceased biological father's inheritance. Thank you for your time.
Asked on 12/04/09, 10:51 am
1 Answer from Attorneys
A lot of attorneys do not know about the step-parent adoption exception to the general rule. Thus, without knowing all the facts, I think your analysis is probably correct.
Answered on 12/09/09, 10:58 am
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