recently my mother in law and brother in law passed away. my mother in law was my brother in law's conservative due to the fact that he was mentally handicapped. my question is would my wife's 1/2 brothers from my father in law's previous marriage many years ago . and are adopted by another family. which my wife has never had any contact with nor her family . have any right to my brother in law's estate?
everything was in my mother in law's name and my brother in law's attorney's name. also he did not have a will.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you.
As a general rule, if a biological parent has given up all legal rights to his/her/their child, then a child cannot receive anything from that parent except under the limited circumstances that the parent expressly makes a bequeath to them in a Will or in some cases through a trust.
Domestic Relations ( New York) § 117. Effect of adoption. 1. (a) After the making of an order ofadoption the birth parents of the adoptive child shall be relieved ofall parental duties toward and of all responsibilities for and shallhave no rights over such adoptive child or to his property by descent orsuccession, except as hereinafter stated.(b) The rights of an adoptive child to inheritance and succession fromand through his birth parents shall terminate upon the making of theorder of adoption except as hereinafter provided.
Please rate my response 3 or better so I may get compensation for my response. Rating my response will not cause additional charges to you. If you have follow up questions please ask.
does it matter that they were adopted after my father in law got divorced from his ex wife?
No, the adoption severs the relationship. If the adopted out children are to inherit it must be explicitly provided for in a Will or trust.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).