Legal Question in Wills and Trusts in Wisconsin

Hi my uncle passed and left a will. I'm it says if his brother is dead then the money goes to his descended. His brother was my dad. He adopted me and his name is on my birth certificate. He is my dad. Now my dad had 2 kids that he lost custody of and his parental rights were terminated and the kids were adopted by another family. My uncle's will says his descended. I know I'm considered a descendant of his but are the 2 kids that he lost, are they considered descendant of the biological father,? Or did that change when they were adopted . My uncle lived in California were he wrote his will. The state that the adoption are from illinois.


Asked on 11/10/17, 9:47 am

1 Answer from Attorneys
JAY Nixon nixon law offices

This would make a good law school exam question, but the answer would vary from state to state. If your uncle's estate is being probated in CA, then that state's law would be the most likely one to contain the answer. I would therefore recommend that you repose this question under the California law option provided by this website. For a quick summary of some of the applicable law, see https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/inheritance/ .

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. View other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.

Read more
Answered on 11/13/17, 9:48 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Wisconsin