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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115462
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need to know what to do. My uncle and I petition

Customer Question

I need to know what to do. My uncle and I petition for him to adopt my son in 2007. He was married but was separated for years. In 2011 my uncle passed. His wife know he adopted my soon. My grandmother died and my mom had to open an estate for his portion of the settlement. I gave my adoption paper to the attorney and it was said that since the wife did not consent my adoption may not be legal. the attorney at the time never asked was my uncle married. its been 9 years since the adopting and 5 years since his death. My question is what do I do. the judge signed the decree. I received social security for my son. If it not legal I don't want to continue receiving benefits. should I contact the judge. My uncle and the attorney is deceased.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, when a married person adopts, both spouses must be involved in the adoption. If your uncle's wife did not consent and sign consenting, the attorney you spoke to is correct. You still need to file in the probate court and get the court to determine the legality and argue that it was signed by the court and seek to have it reaffirmed. Once the court decides, then you can notify the Social Security office. Do not do anything until the court decides on the adoption.