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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35384
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Ref: ADOPTION RIGHT OF INHERITANCE NY State Pete was the

Customer Question

For Barrister” Ref: ADOPTION RIGHT OF INHERITANCE NY State
Pete was the biological son of Joan. After Pete was born Joan married Tom. Tom was not the biological son of Pete. Tom legally adopted Pete. Tom predeceased Joan. Joan was the sole heir of the will of Tom. Tom had a brother Paul and a sister Jane. Tom predeceased his brother Paul. Tom’s sister Jane had two children. Jane was still alive when Paul deceased. Paul was never married and had NO children. Paul deceased without a will. will. Because Pete was NOT an heir of Tom will Pete be a distributee of the will of Paul?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello again,

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You stated: Paul deceased without a will."" and then "" distributee of the will of Paul? ""

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So did Paul have a will or did he die intestate (no will)?

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Are Tom, Paul and Janes parents deceased?

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thanks

Barrister

Customer: replied 1 year ago.

Paul died intestate!

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The parents of Tom, Paul and Jane are deceased!

Expert:  Barrister replied 1 year ago.

Ok, then Pete would potentially inherit because when Tom adopted him, he became Tom's son the same as a biological child. That means that Pete is an heir of Tom so when Tom's estate inherits from Paul's estate, Pete could inherit depending on whether Tom had a will or not.

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thanks

Barrister

Customer: replied 1 year ago.

Tom had a will! However, the sole heir of the will of Tom was his wife Joan! So The will of Tom did not include Tom a beneficiary. Because the will of Tom did not include Pete wouldn't Pete be ineligible to be a distributee of the will of Paul?

Expert:  Barrister replied 1 year ago.
Correct. If Tom had a will that left everything to Joan, then Pete doesn't receive anything even though he is a legal heir of Tom. Tom's will controls who inherits his estate.
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thanks
Barrister