Legal Question in Wills and Trusts in Virginia

Re: inheritance rights of illegitimate children

The adoption makes the child an heir of the adoptive parents, terminating heirship from the biological parents. The child would no longer have the right to inherit from a biological parent who dies without a will.

Re: inheritance rights of illegitimate children

Under current law, an illegitimate child is exactly the same as a child of a marriage... UNLESS the will or trust explicitly says differently. Historically, this was not so. For example, an illegitimate child might not inherit under a very old trust, established before the laws changed. That is a very tricky question. But today the law has evolved, and children are all treated the same... UNLESS the will or trust explicitly says no. (Actually, a will or trust can direct the inheritance to ANYONE, even a random person out of a phone book, so that is why the will or trust trumps any other rule.)

The problem with an illegitimate child is proof. The reason why many people say no in their wills is because they don't want a court battle over whether or not someone IS their child.

As my colleague has already answered, the problem is not with being illegitimate. That has nothing to do with anything in this situation.

The important question is the adoption. If a legitimate or illegitimate child (either one) is adopted away into another family, the adoption itself can cut off inheritance rights. Frankly, I do not know these rules. However, I seem to recall that this sitaution might be a little more complicated than a simple yes or no. For example, I think it might be important whether or not the decedent has any other heirs.

Therefore, you should get some very specialized and expert legal advice on ADOPTIONS... on the effect of the adoption on inheritance, in light of the exact circumstances that apply. The issue is not being illegitimate. The question is what did the adoption itself do to change inheritance rights. My colleague is probably right, but because this is the key issue, you should get some personal and individualized legal advice digging deeper into your own situation.