Legal Question in Wills and Trusts in New Jersey
State of New Jersey - My mother had a child that was adopted out. She has recently passed away. In her will it states the remainder of my residuary esate unto my then living issue, per stirpes. My question is - Is the adopted out child considered a living issue in the state of New Jersey?
3 Answers from Attorneys
Typically when a child is adopted out, the birth parent's rights are terminated. In such a case, they are no longer considered a child for purposes of inheritance.
I would need to look at the adoption documents to be sure. However, when a child is adopted by new parents, the rights of the biological parents are usually terminated. When that happens, the child does not inherit from the biological parents.
As I said, I need to see the papers in order to be sure.
It sounds like you need a lawyer to take care of the legal issues for you.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
AND NOW THE DISCLAIMER:
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
Presuming that the adoption did terminate Mom's rights, I agree that this person has no rights. If there are problems, and I do not expect there will be, the Will scriviner might become involved as not having clearly defined who was intended to be covered by the word "issue".
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
