Legal Question in Wills and Trusts in Virginia
wills
if a child has been adopted out. but is in your family will. am I bound to make sure she gets her part of the will
Asked on 4/24/07, 10:19 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: wills
Apparently you are, under Sec. 64.1-5.1(5)of the Code of Virginia, which seems to indicate that even though the residual parental rights of the biological parent may have been terminated in the course of adoption and that this person is ineligible to inherit anything from or through his child, the child's rights to inherit are not disturbed and that he or she may inherit, accordingly, from the deceased testator who has made provision for him or her in his will.
Answered on 4/24/07, 10:26 pm