Legal Question in Wills and Trusts in Maine

adoption vs. probate

Question person died without a will, natural mother's husband adopted the child at age 6 raised child as own, biological father signed off rights to child, child now adult 40 years old passed away, biological father wants half of estate is he entitled even though he signed child away for adoption? do adoption laws that permanently sever the relationship not outweigh probate law


Asked on 10/20/08, 10:53 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: adoption vs. probate

Generally, a termination of parential rights should sever the ability to inherit, however, the adoption decree should be reviewed to see if its language reflects this and/or the termiantion Order needs to be obtained. A consent by the biological father to an adoption is not necessarily termination and full release of inheritance rights unless it is drafted that way.

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Answered on 10/20/08, 11:02 am


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