Legal Question in Wills and Trusts in Nevada
Blood Relative - after being adopted?
When my son was 5 my husband (his step-father) adopted him. Now we have found out that his bio-father passed away with out a will. Would my son still be considered 'next of kin' or was this forfeited when the adoption was final?
6 Answers from Attorneys
Re: Blood Relative - after being adopted?
Presumably the adoption followed a termination of parental rights proceeding. That case might give some clues as to whether parental obligations, such as child support, also ceased. The Nevada Supreme Court recently stated its disapproval of terminations designed primarily to relieve a biological parent of his financial responsibility. Your attorney can explain further.
Re: Blood Relative - after being adopted?
Adoption cuts off inheritance rights. Sorry.
Re: Blood Relative - after being adopted?
No. He is not next of kin. The adoption makes his "step-dad" his legal dad.
Re: Blood Relative - after being adopted?
In California, your son could inherit under Probate sec. 6451.
� 6451. Effect of adoption
(a) An adoption severs the relationship of parent and child between an adopted person
and a natural parent of the adopted person unless both of the following requirements are
satisfied:
(1) The natural parent and the adopted person lived together at any time as parent and
child, or the natural parent was married to or cohabiting with the other natural parent at
the time the person was conceived and died before the person's birth.
(2) The adoption was by the spouse of either of the natural parents or after the death of
either of the natural parents.
Re: Blood Relative - after being adopted?
was he raised by bio dad? if not, then he's probably not the next of kin. before giving up, however, you need to have a factual exchange with an attorney in your area.
Re: Blood Relative - after being adopted?
was he raised by bio dad? if not, then he's probably not the next of kin. before giving up, however, you need to have a factual exchange with an attorney in your area.