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GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience:  Experience in Probate matters, including will contests and civil litgation related to estates.
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I was adopted in nc and my bio father lived in va at the time

Customer Question

I was adopted in nc and my bio father lived in va at the time then moved to sc. he recently passed away. of course he had had no contact until april of 2013, he passed away in june 2013. we never met just spoke 3 times. on the phone we pretty much admitted he was my father. I asked for medical background and he gave to me. the papers he signed in 1980 he didn't admit I was his but if I was he would allow the adoption. in his will it states a paragraph about adoption. a nc attorney told me that opened the door for reasonable doubt that it is not clear if he is stating he had adopted or he had allowed to be adopted. the lawyer I spoke to in sc told me it was assumed it was if he adopted and I wouldn't have any chances of getting anything. what is your opinion and if you feel it has a chance then would you take the case? can call me at XXX-XXX-XXXX. the will is 26 pages long
Submitted: 11 months ago.
Category: Estate Law
Expert:  GeorgetownLawyr replied 11 months ago.

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

 

It boils down to a factual issue, where you adopted by someone else or were you not?

was the adoption legal and is there a court order?

Customer: replied 11 months ago.


yes I was adopted by someone else at the age of 16. the adoption is legal and I have the court papers and my birth cert has been changed.


 

Expert:  GeorgetownLawyr replied 11 months ago.
Ok, thanks. My final question is who are the other heirs of your biological father's estate?
Customer: replied 11 months ago.


his 4 other children, a girlfriend, then there is a portion that is to be divided by others with claims. he point blank disclaims both ex wives. i'm not mentioned at all

Expert:  GeorgetownLawyr replied 11 months ago.

Ok, this brings up a few other questions then...

1.if you are not mentioned at all in his will, what is the issue here?

2. the will mentioned something about adopted so who was that in reference too, if not you?

3. What was said around those words "adopted", meaning what was the sentence before and after that?

Customer: replied 11 months ago.

Attachment: 2013-10-14_195326_2013-08-05_130556.pdf

Child, Children and descendents. the terms "child and "children" mean lawful lineal blood descendants in the first degree of the parent designated, and the term descendents means lawful lineal blood descendents in any degree of the ancestor designated, but such shall include any legally adopted prior to the time that person reaches the age of 18 and the lawful lineal descendaents of any such person, whether of the blood or by adoption prior of such age.

this from Article XI Miscellaneous provisions letter c.

Expert:  GeorgetownLawyr replied 11 months ago.

Ok, thanks. I don't understand why there is any confusion here. The wording here refers to any children HE may have adopted are considered is descendants, which is consistent with the law. Also, the law in S.C. is consistent with most states in that even if he died without a will, any child he gave up for adoption has no rights to his estate but you have the rights to the estate of your adoptive parents. Here is the law in S.C. and the statute:

 

Citation: Ann. Code §§ 63-9-760; 62-2-109

 

After a final decree of adoption is entered, the birth parents of the adopted person are relieved of all parental responsibilities and have no rights over the adopted person.

The adoption of a child by an adoptive parent does not in any way change the legal relationship between the child and either birth parent of the child whose parental responsibilities and rights are not expressly affected by the final decree.

 

For purposes of intestate succession by, through, or from a person, an adopted person is the child of the adopting parent and not the birth parent, except that adoption of a child by the spouse of the birth parent has no effect on the relationship between the child and that birth parent.

 

He did not die intestate (that means without a will) and the fact that he had a will and did not mention you supports his intent that you were not to inherit under his estate. Any challenge you bring to his will in court, will most likely not succeed. I hope you can appreciate my honest opinion and not be upset because I couldn't tell you what you wanted to hear. I hope this helps clarify.

 

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GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12047
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
GeorgetownLawyr and 5 other Estate Law Specialists are ready to help you
Customer: replied 11 months ago.


u stated HE adopted. can you show me where it says HE adopted. because the one lawyer I talked to locally said that it states like it is an assumption HE adopted but that it is not clear. That is why he said there is a crack there that may allow me to get in.

Expert:  GeorgetownLawyr replied 11 months ago.

"child and "children" mean lawful lineal blood descendants in the first degree of the parent designated, and the term descendents means lawful lineal blood descendents in any degree of the ancestor designated, but such shall include any legally adopted prior to the time that person reaches the age of 18"

 

The word HE is not in there, this paragraph in the will is explaining what a child means and it includes adopted children that he would have adopted. Since I have prepared and read many wills, I know what the language means. Furthermore, even if this was not in his will you were legally adopted by someone else and the law says you are not entitled to inherit from your biological parents, only your adoptive parents and I gave you the law on that. If you cannot accept this, you are welcome to go and try to contest the will. It is your choice. I hope this helps clarify. Thanks and best regards.

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