Legal Question in Wills and Trusts in Ohio
Rights of a Adoptive Child againts will of a Biological Deceased Parent
Parents of a child divorce, bot h parents remarry other people. The bilogical Mother remarries and her new spouse gets the consent from biological father to adopt the minor child. Now the biological father of the child ( the child is now of legal age).. but her biological father passed away. It is said this father does not mention biological child in his will. He leaves his will/estate to a stepson!
Does the adopted/biological daughter have a right to contest the bilogical father's will? He (the deceased father) also has a biological son from his first marriage, the son legally changed his last name when he became of age!
What rights do the biological children (though both of are legal age) have?
1 Answer from Attorneys
Re: Rights of a Adoptive Child againts will of a Biological Deceased Parent
The child that was adopted by another man has no rights in regard to the biological father's estate. The adoption terminated the legal relationship between the child and the biological father. The biological son has the right the challenge the will, but a will contest can be difficult to prevail on. What state of mind was the deceased in when he named the stepson as his sole beneficiary? If he was incompetent when the will was made or susceptible to undue influence, then there may be grounds to challenge the will.
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