Legal Question in Wills and Trusts in New York

Re: adoptive child probate rights

I am assuming that although you live in CO, your mother resides in NY. Under NY law, foster children cannot inherit unless there is a Will.

If mom wants to provide for all of her five children, she must have a Will.

Re: adoptive child probate rights

No, the 2 foster daughters who are not adopted have no rights.

Re: adoptive child probate rights

Most states make no distiction between natural and adopted children under their intestate laws (laws covering distributions of estate when there is no will). However, a foster child, not adopted would not be covered by the intestacy laws, so to provide something for them a will would be necessary.

Re: adoptive child probate rights

Your Mom's two biological children, and you, because your are adopted, would be treated equally, but the two foster children who were not adopted would get nothing. If your Mom wants to provide for them, she would have to use a Will.

If your Mom is widowed or divorced, you and the two biological children would each recieve one-third of her estate; if she was married at the time of her death, $50,000 plus one-half of her estate would go to her spouse, and the three of you would split the remaining half.

Re: adoptive child probate rights

Under Colorado law, as in most states,your mother's biological children and you, as an adopted child, would be treated equally. However, a "foster child" would have no legal rights to your mother's estate. It would be best if your mother could create a will, in which she could designate whomever she wishes to receive distributions from her estate.