Legal Question in Family Law in Ohio
Death Benefit for Adopted Children
My daughter was adopted by my ex-husband after our marriage. He has since re-married. In the event he passes away before his current wife does she have any claim to his estate? She is currently 23 years old.
Asked on 3/06/07, 9:16 pm
1 Answer from Attorneys
Benjamin Partee
The Law Office of Benjamin J. Partee
Re: Death Benefit for Adopted Children
An adopted child is treated just like a biological child under the law. So, your daughter would have all the same rights to your ex-husband's estate as would his biological child. Generally, that means she will be entitled to notice of the probate of his estate, and may be entitled to contest it.
Answered on 3/06/07, 11:33 pm