Legal Question in Wills and Trusts in New York

adoptee inheritance from birthparent

When my bio-mother gave me up for adoption in '45 in CA (conceived in NY), she claimed sole right, but my bio-father did not know I existed. I later found him, and had a 20 year relationship with him. His 1968 (he died in '04)will splits his property between his ''children,'' without naming them. I've been told I don't count because I was legally adopted...but he never knowing gave up his right to me, because he didn't know about me (born '45). Do I have a case for inheritance here? Thank you! Liz


Asked on 10/12/06, 6:59 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: adoptee inheritance from birthparent

It is possible that you may have the right to inherit. It all depends on whether or not there was exacting compliance with the adoption laws in the court proceeding. Your father may have received notice, either directly or by advertisement; or it is possible that he was totally left out of the preceding.

An in depth examination of the adoption proceedings will determine whether or not you have any rights to inherit.

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Answered on 10/13/06, 8:57 am


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