Legal Question in Wills and Trusts in Illinois
Inheritence and Adoption
My father had a son before he married my mom. The son was adopted by his stepdad when his mom remarried. My parents are now divorced. My 1/2 brother and I are only living children. Do we both have legal rights to inheritence or just me since brother was adopoted?
1 Answer from Attorneys
Re: Inheritence and Adoption
From the facts you recite, under Illinois law it would appear that your stepbrother would also be an heir of your father. Adoption under 18 generally excludes heirship from natural father, but there is a statutory exception when the person who adopts is a spouse of a descendant of a great-grandparent. If stepdad was married to his mom at the time of adoption, then this would apply.
Take a look at Illinois statutes at 755 ILCS 5/2-4(d).
I'd suggest consulting specifically with an attorney to look carefully at the facts as well to be certain and to protect your rights.
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