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Ref: ADOPTION RIGHT OF INHERITANCE NY State Pete was the

Customer Question
For Barrister” Ref: ADOPTION RIGHT...
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: 2 years ago.Category: Estate Law
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Answered in 2 hours by:
8/14/2015
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,578
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello again,

.

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

.

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

.

Are Tom, Paul and Janes parents deceased?

.

.

thanks

Barrister

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Customer reply replied 2 years ago

Paul died intestate!

.

The parents of Tom, Paul and Jane are deceased!

Estate Lawyer: Barrister, Attorney replied 2 years 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.

.

.

thanks

Barrister

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Customer reply replied 2 years 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?

Estate Lawyer: Barrister, Attorney replied 2 years 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.
.
.
thanks
Barrister
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Barrister
Barrister
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Category: Estate Law
Satisfied Customers: 39,578
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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