Legal Question in Wills and Trusts in California
Will, Adoption & Wrongful Death
My father was adopted. When his biological father passed away in 2002 my father was included in the will(along with his fathers wife, biological sister & half brother). The estate was to be divided equally. The estate made a wrongful death suit (asbestos) which part is still ongoing and one company settled. My father was listed in the original documents as a plaintiff, but then his father's widow stated that he shouldn't be included because he was adopted and took him off the suit. He never received any proceeds from the one company that settled. Since he was on the will, shouldn't he be part of this case as it is part of the estate? If so how would he go about to receive his portion of the settlement that was already disbursed. My father is in prison, would I need power of attorney for this case?
2 Answers from Attorneys
Re: Will, Adoption & Wrongful Death
Where is your father's father's estate being probated? In CT or CA?
If it is in CT, I would be happy to discuss this case with you.
Please feel free to call me tomorrow. There is no fee for the initial consultation.
Peter
www.salaw.us
Re: Will, Adoption & Wrongful Death
If your father was adopted, that usually means he is treated as a son under California law. This also means he should take under the estate. I'm concerned, though, that he was "removed" as a plaintiff in the lawsuit--he may have to do something to be added back on, and there are time limits for doing this. Our firm does probate and civil litigation work, so I'd be happy to help, or an attorney to preserve what rights he has.
You won't need the power of attorney to see an attorney, but yes, at some point you will need it, so your father should sign one and have it notarized so you can take care of this on his behalf.
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