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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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If a person is legally adopted in Louisiana by a direct heir

Customer Question

If a person is legally adopted in Louisiana by a direct heir of family owned property, does the adopted person have the same rights (regarding any benefits from said property) as any of his siblings who are biological children of his adopting parent? If so, then if there's a Family land association with by-laws regarding said property, can those by-laws be written to exclude said adopted person from the aforementioned property rights - and be held up in Court?
Submitted: 5 months ago.
Category: Family Law
Expert:  Legalease replied 5 months ago.

Hello there --

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Generally speaking an adopted child has the same rights to inheritance as a biological child in EVERY state. In order to exclude a child from inheriting, the parent who owns the property or sets up a trust before death must specifically write into the will or trust that the adopted child is NOT in line to inherit anything and is intentionally disinherited from the will and trust distribution. If there is no language in a will or trust that disinherited the adopted child, then other siblings who are biological children and other family members cannot set up a land corporation to exclude the adopted child and if that DOES happen, the adopted child can sue in probate court in the county where the parent lived and died and where the will was filed OR where the trust is being administered. If this is what happened or is happening, then the adopted child should seek out a local probate and estate law attorney and file a lawsuit against the estate and other family members to get his or her fair share of the inheritance.

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Finally, if the parent who owns the property is still alive and they are setting up this association with the permission of the parent property owner, then it can be seen as permission to exclude the adopted child being granted here and the only time the adopted child could bring an argument against this is when the parent dies and IF the adopted child is still not specifically disinherited in the will or trust set up.

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I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above so I will be paid for my time assisting you today? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above. A bonus box will appear and bonuses are not mandatory but always appreciated. THANK YOU VERY MUCH

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MARY

Expert:  Legalease replied 5 months ago.

Hello again Lonnie --

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Are there any further questions that I can answer for you on these issues? I am happy to answer any follow up questions or concerns that you may have. If not, can you please press a positive rating above in the star ratings section so that I will be paid for my time assisting you? We do not receive paychecks and are paid only if you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. While it may have been just and oversight on your part to review the answer and leave without pressing a positive rating above, the website keeps your entire payment as profit and pays the expert nothing unless you press the middle star or the fourth star or fifth star to the right of the middle star above. Also, please note that even when you press a positive rating, your question will not close and you can return for another 6 months to ask additional follow up questions for no additional charge.

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THANK YOU VERY MUCH !!