Legal Question in Wills and Trusts in Nevada
Probate - determining whether natural child has been adopted by someone else.
My brother, a consummate story-teller, apparently married a girl in Reno in 1960 because she was pregnant. He insists that there was a marriage, despite no marriage or annulment records existing.
I ASSUME the child was born in the Reno - the godfather was a Reno Casino Owner/ Manager.
The child was put up for adoption under either of the following scenarios:
1) The mother of the child immediately let her sister and brother-in-law (who were unable to have children) adopt the child (no names known), or
2) The mother was rumoured to have drug overdosed – perhaps as a suicide – and unable to raiser her himself, the father (my brother) became involved in the private adoption placement identified above.
He apparently saw his daughter numerous times in her childhood, with the last contact being approximately 1979 when she was married. She subsequently had two kids, divorced, and remarried.
Washoe County Vital Records say that as my brother’s executor I cannot get the birth certificate for the daughter. Further, adoption records are sealed by the court and can only opened by court order. However, confirming the adoption records would clarify her entitlements as a beneficiary. How can I accomplish this?
1 Answer from Attorneys
Re: Probate - determining whether natural child has been adopted by someone else.
The first thing you need to do is file a Motion with Family Court to petition for adoption records. As you are going back at least 30 years, it is hard to gauge the accuracy of such records.
After obtaining proper adoption records and assuming the proper relationships, you would need to file with Washoe County a request to receive a birth certificate. That should be enough to classify the child as an appropriate beneficiary.
If you would like to speak to an attorney further, please contact my office.
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