Legal Question in Wills and Trusts in Virginia
Mother has 2 children from first marriage; first husband dies. She remarries and she and second husband adopt me as an infant; he also adopts her two boys. My dad verbally, physically and sexually abused the older two children and my mother. My mother divorced him as a result and children and father were estranged for obvious reasons.
Father recently passed away in Virginia. He had his deceased friend's son overseeing his affairs when he got ill and said he would get everything when he died. Don't know if he has a will or not. 1) How can I find out if he has a will and 2) do we, as his legal children, have any rights to his estate, even if he did have a will and we are not named in it? Seems like we ought to have a right to something for all of the pain and suffering we endured at his hand.
1 Answer from Attorneys
A will is a public record once it is filed with the probate court and if one has been filed in the case referenced, you could go to the probate court involved to inspect it.
In answer to your second question, if you've been deliberately omitted from the will, you would have no viable claims against your deceased adoptive's father estate as a beneficiary. However, if he died intestate (without a will), you could be eligible to inherit something from his estate.
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