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Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2156
Experience:  Attorney - estate planning and probate.
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my name is XXXXX XXXXX and I an a member of prepaid. I need

Resolved Question:

my name is XXXXX XXXXX and I an a member of prepaid. I need to know my mother died leaving a portion of heir property in byhalia mississippi. She had 7 children the oldest died leaving 2 children. My question is for my brother who was legally adopted in Memphis Tenn. by her cousin who has nothing to do with this property.
Does my brother have legal rights to heir property of his biological mother even though he was legally adopted?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Lawyer Lori replied 2 years ago.

Lawyer Lori :

Good morning Carol and welcome to Just Answer.

Lawyer Lori :

In Mississippi, a legal adoption terminates the child's right to inherit from a biological parent, unless the biological parent names the child in their will and then they can inherit through the will. If there is no will and the biological parent dies intestate - the biological child who has been legally adopted has not right of inheritance as the parental obligations were terminated upon adoption.


 

Lawyer Lori :

Here is a section of the Mississippi Code:


 

Lawyer Lori :

f time the child has thus resided.


The final decree shall adjudicate, in addition to such other provisions as may be found by the court to be proper for the protection of the interests of the child; and its effect, unless otherwise specifically provided, shall be that (a) the child shall inherit from and through the adopting parents and shall likewise inherit from the other children of the adopting parents to the same extent and under the same conditions as provided for the inheritance between brothers and sisters of the full blood by the laws of descent and distribution of the State of Mississippi, and that the adopting parents and their other children shall inherit from the child, just as if such child had been born to the adopting parents in lawful wedlock; (b) the child and the adopting parents and adoptive kindred are vested with all of the rights, powers, duties and obligations, respectively, as if such child had been born to the adopting parents in lawful wedlock, including all rights existing by virtue of Section 11-7-13, Mississippi Code of 1972; provided, however, that inheritance by or from the adopted child shall be governed by subsection (a) above; (c) that the name of the child shall be changed if desired; and (d) that the natural parents and natural kindred of the child shall not inherit by or through the child except as to a natural parent who is the spouse of the adopting parent, and all parental rights of the natural parent, or parents, shall be terminated, except as to a natural parent who is the spouse of the adopting parent. Nothing in this chapter shall restrict the right of any person to dispose of property under a last will and testament.


 

Lawyer Lori :

In Tennessee, there is a similar statute in which if the adoption was finalized prior to the death of the biological parent, the child has no right of inheritance from the biological parent.


 

Lawyer Lori :

Here is a portion of the TN statute:


 

Lawyer Lori :

(e) An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the adopted child. Notwithstanding the provisions of subsection (a), if a parent of a child dies without the relationship of parent and child having been previously terminated and any other person thereafter adopts the child, the child's right of inheritance from or through the deceased biological parent or any relative thereof shall be unaffected by the adoption.


 

Lawyer Lori :

Please let me know if I can provide you with any further information.


 

Lawyer Lori :

So, basically if your brother was legally adopted by her cousin, then he has no right to inherit unless your mother specifically named him in her will.


 

Customer:

Thank-you. I would like to print this whole answer

Lawyer Lori :

I believe that you can go into your "My Account" tab and print it. However, you should also just be able to do a "cut and paste" into your word processing program and then print it.


 

Customer:

I did not want to say anything to my family especially with my who is blood until I got the right answer. Thank-you again.

Lawyer Lori :

You're welcome. Please remember to Rate me so that I receive credit for my time.


 

Customer:

okay


 


 

Customer:

your rating is 100% great


 

Lawyer Lori :

You're welcome.


 

Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2156
Experience: Attorney - estate planning and probate.
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Lawyer Lori
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Attorney - estate planning and probate.