Legal Question in Wills and Trusts in Massachusetts

Re: adoption and inheritance

If you were legally adopted in the commonwealth of massachusetts, then you are a daughter of your father - regardless of whether he divorced your mother or had other children.

What you are entitled to as his daughter depends upon whether or not he had a will. If he had a will, then his wishes - as stated in the will - determine distribution of his estate.

If he did not have a will, then Massachusetts's laws of intestate succession apply. Even if he had a will, certain other laws may apply where children are omitted from the will of a parent.

You should speak with an attorney either in your area or near where your father resided at the time of his death.

Re: adoption and inheritance

If your father died without a Will you have a claim against his estate for 1/2 or 1/3 depending upon whether he was remarried at the time. This does not mean if he named your "step-sister" as a beenficiary under insurance policies or other things that you are entitled to half of his estate.

If he had a Will and did not disinherit you, you have a claim against the estate. I suggest you contact an attorney ASAP.

Re: adoption and inheritance

Echoing the other responses, a young child who is adopted is basically treated as a child of the adopting parent for laws of intestacy and kinship. As next-of-kin, a child is entitled to notice of probate of a will, or of a petition for appointment of an administrator if there is no will. Of course, probate proceedings control property standing in the name of the decedent only. Probate does not address contractual arrangements, such as beneficiaries designated under a life insurance policy, successor beneficiaries for an IRA, etcetera.

As far as a parent disinheriting a child, they can do it, if they have capacity to execute a will, and if it is not done as an omission (i.e., if it is done intentionally.)

In any event, you should probably contact an attorney to assist you in protecting your rights.