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Jack R.
Jack R., Attorney
Category: Estate Law
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recently my mother in law and brother in law passed away.

Resolved Question:

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.

Submitted: 11 months ago.
Category: Estate Law
Expert:  Jack R. replied 11 months ago.

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 of
adoption the birth parents of the adoptive child shall be relieved of
all parental duties toward and of all responsibilities for and shall
have no rights over such adoptive child or to his property by descent or
succession, except as hereinafter stated.
(b) The rights of an adoptive child to inheritance and succession from
and through his birth parents shall terminate upon the making of the
order of adoption except as hereinafter provided.


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Customer: replied 11 months ago.

does it matter that they were adopted after my father in law got divorced from his ex wife?

Expert:  Jack R. replied 11 months ago.

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.

 

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.

Jack R., Attorney
Category: Estate Law
Satisfied Customers: 6147
Experience: Part of the 'Save the Dream
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