Legal Question in Wills and Trusts in Massachusetts
blood siblings rights re: adopted sibling'
Blood mother had 2 siblings from first marriage. In her second marriage She and new husband had 2 year old child (son #1) when new husband died while mother was pregnant with another child (son #2). Mother gave up son #2 at birth for adoption due to inability to provide adequate care. Son #2 was adopted into loving, childless family. Adopted father died @ 1995; adopted mother died @ early 2005. No other siblings or nuclear family members, natural or adopted; many aunts, uncles, cousins, nephews within the extended adopted family (father's side and mother's side). Adopted mother died intestate, probate actions determined sole heir was the adopted son. Adopted son then died suddenly, also intestate, within days of adopted mother's estate being released from probate.
1. Do the original blood siblings (son #1, who is a full brother, and the two previous half-siblings, a half-sister and a half-brother) have any standing in the line of inheritance?
2. If yes, how should they proceed?
3. Does the extended adopted family have rights of inheritance?
4. What is the order of inheritance for everyone involved?
1 Answer from Attorneys
Re: blood siblings rights re: adopted sibling'
If I understand this correctly, you want to know if you have a claim to the estate of a half-brother who was adopted by an entirely unrelated family.
Adoption cuts off the adopted child from his birth family and places him in the same position as a natural child of the adopting couple. You have to look to the heirs at law of the adopted child within the adopted family.
The birth family has no claim on the estate of the adopted child.
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