Legal Question in Wills and Trusts in Massachusetts

Re: inheritance probate lawyer massachusetts

Massachusetts permits disinheritance of a child either by specific language or by exclusion from mention in the will. If Julian died without a will, you would not be able to inherit since you were adopted by another man and all rights between you and Julian were severed as a matter of law.

Re: inheritance probate lawyer massachusetts

Just from the information you have posted, you cannot inherit from your real father unless he left you something specifically in his will or in a trust.

When you were adopted by the other man, you lost all rights to inherit from your real father and gained the right to inherit from your adopted father. This is basically to prevent from "double dipping".

Re: inheritance probate lawyer massachusetts

In Michigan, MCL 700.2114 defines the parent and child relationship.

(1) Except as provided in subsections (2), (3), and (4), for purposes of intestate succession, an individual is the child of his natural parents, regardless of their marital status.

(2) An adopted individual is the child of his adoptive parents and not of his natural parents, but adoption of a child by the spouse of either natural parent has no effect on either the relationship between the child and that natural parent or the right of the child or a descendant of the child to inherit from or through the other natural parent.

(3) The permanent termination of parental rights of a minor child by an order of a court of competent jurisdiction; by a release for purposes of adoption given by the parent,

(4) Inheritance from or through a child by either natural parent or his or her kindred is precluded unless that natural parent has openly treated the child as his or hers, and has not refused to support the child.

(5) Only the individual presumed to be the natural parent of a child under subsection (1)(a) may disprove a presumption that is relevant to that parent and child relationship, and this exclusive right to disprove the presumption terminates on the death of the presumed parent.

Additional law is codified at MCL 700.2302 If a testator fails to provide in his or her will for his child born after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as provided in 1 of the following:

(a) If the testator had no child living when he executed the will, an omitted after-born child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(b) If the testator had 1 or more children living when he executed the will, and the will devised property or an interest in property to 1 or more of the then-living children, an omitted after-born child is entitled to share in the testator's estate subject to the following: (i) The portion of the testator's estate in which the omitted after-born child is entitled to share is limited to devises made to the testator's then-living children under the will. (ii) The omitted after-born child is entitled to receive the share of the testator's estate, as limited in subparagraph (i), that the child would have received had the testator included all omitted after-born children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

(2) Subsection (1) does not apply if it appears from the will that the omission was intentional.

If you would like further information or assistance, or a more specific answer, please contact me via my website at www.lawrefs.com.