In addition to being my father's only child and me only knowing him as my only father my entire life, I have come to discover that after my mom(who is now deceased) remarried, her new husband adopted me and therefore his last name is XXXXX XXXXX birth certificate. They were divorced just a few years later. Does that now not make me my biological father's heir?
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Hi again, I see my question did not post:Can you tell me what state this is in? What state did your father live in when he passed?------ Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you.AlexiaEsq.41037.5639601852
This is in Massachusetts and my father lived in Massachusetts when he passed
Hi again,Thank you for the clarification.In addition to being my father's only child and me only knowing him as my only father my entire life, I have come to discover that after my mom(who is now deceased) remarried, her new husband adopted me and therefore his last name is XXXXX XXXXX birth certificate. They were divorced just a few years later. Does that now not make me my biological father's Heir?General Laws, c 210, section 7:"Section 7. A person adopted in accordance with this chapter shall take the same share of that property which the adopting parent could dispose of by will as he would have taken if born to such parent in lawful wedlock, and he shall stand to the kindred of such adopting parent in the same position as if so born to him. If the person adopted dies intestate, his property shall be distributed according to chapters one hundred and ninety and one hundred and ninety-six among the persons who would have been his kindred if he had been born to his adopting parent in lawful wedlock. The apportionment and distribution shall be ascertained by the court. A person shall by adoption lose his right to inherit from his natural parents or kindred, except when one of the natural parents of a minor child has died and the surviving parent has remarried subsequent to such parent’s death, subsequent adoption of such child by the person with whom such remarriage is contracted shall not affect the rights of such child to inherit from or through the deceased parent or kindred thereof. [Thus, if your father died first, and then your mother remarried, and then you were adopted by your stepfather.... you could still inherit through your father's line... But I don't think that is your situation. Your father died long after, right? Typically, a father must agree to allow his parent/child legal ties to be terminated, so it is likely that your father agreed to end his parental ties. However, you may want to look into whether the adoption was legal, if you think your father didn't do that, because if you could prove the adoption was not legal, you can void it. And then inherit as your father's heir.]..."Hope this helps figure it out - and I wish it to be good news for you.-------I hope this clarifies and I wish you the best. If anything in my answer is unclear, please hit REPLY and let me know which part needs some follow up and I will work on answering that for you. If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer. Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.
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