Legal Question in Wills and Trusts in New York
Inheritance from biological father
I have 2 questions, one on my right to inherit and other on the extent of the inheritance. My biological father lived and died in NY state. I was legally adopted (in CA) by nonbiological parents. I contacted my bio father 20 years ago, he fully accepted me as his daughter, and we had a relationship until his death a year ago. In his will, written before he knew about me, he left a piece of property and stocks and bonds in his name to his children, share and share alike, without specifically naming them. My half-sister's attorney interpretted the will as including me (there was another child who died), and had me sign a Waiver to Probate. My original question for you was about the term ''in my name at the time of my death'' as it relates to stocks and bonds. The lawyer says this means those in his name Only, and that I have no claim on any he held jointly with his wife (who died three months ago). Is this so? The other question that has come up (when I mentioned this to my CA attorney) is, do I actually have the right to inherit as one of his children since I was legally adopted by others? There is a great deal of money involved. Thank you in advance for your input!
2 Answers from Attorneys
Re: Inheritance from biological father
You have no rights to property devised specifically to your biological father's "Children" unless you are specifically named.
You have no right to his wife's property which is held in joint title. Such property automatically transfers to the survivor under a right of survivorship principle.
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Re: Inheritance from biological father
If all the legal requirements were followed, upon the occurrence of your adoptio, you and your father untied the relationship and for all intents and purposes you threupon became legal strangers.
Your rights are derived from the Will.
Only property owned by the decedent in his own name and individually are subject to distribution by the terms of the Will. Joinly owned property (other than property owned as tenants in common) is not.
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