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Sorry to bug you. I am tring to get a handle on this

situation. There is no money...
sorry to bug you. I am tring to get a handle on this situation. There is no money in my mom's estate. Just a house, van , and a small lot of property, 1/2 an acre. And that small lot was in a Special Needs Trust. Just want to know if the Guardian ad Litem, if adoption records were open to him ,( and those records might possibly be in a different county), could the Guardian serve a citation directly to the adoptee heir? And would the adoptee hier have any right to recuperate any moneys from this small estate that there is no "money" in?
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Answered in 1 hour by:
11/25/2016
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,086
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The adoptee heir is entitled to inherit from the estate just like any other heir. The GAL would not do this, it would be up to the administrator of the estate to notify the adoptee as the adopted child has rights to collect as a heir from their biological as well as adopted parents. It is not just money, the heir is entitled to a share of any estate property.
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Customer reply replied 1 year ago
I will most likely be the administrator. Unless administration is appointed. Does that mean I have to petition the court to open adoption records, I don't want to, neither does my sister. What happens in this situation? This adoptee was never known, to anyone. Not my mom , father, or family. Don't even really know what county the birth and adoption took place. If the administrator have to set money aside if contact is not made? I don't know if contact could ever be made. Me and my sister don't want contact. Can the courts make someone find the adoptee by opening adoption records if they even knew where those adoption records were? me and my sister can't be forced to petition can we?
Customer reply replied 1 year ago
Does the administrator have to set money aside if contact is not made?
Thank you for your reply.
Unfortunately, while most heirs do not want to do anything that will reduce their share of any estate, the law says that the child put up for adoption has a right to inherit from their biological parent, so as administrator you would have to petition the probate court to open the adoption record to notify that adopted child.
If you do not seek to notify the court that there is a possible heir that was put up for adoption, then you and your sister can be personally liable to that heir for their share of your mom's estate/
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Customer reply replied 1 year ago
thank you I have lived in my mom's house for the past 3 years, taking care of my father and mother through to their deaths. My mom had multiple sclerosis since 1974, progressive. Lived her whole life in a wheelchair and had to be taken care of. Do I have any additional rights for being her care taker for the past 3 years?
Thank you for your reply.
No, the only additional rights you have as a caregiver is if medicaid had a lien on the house you could seek to take the house under the caregiver exemption. But otherwise unless there was some written contract with your mom to pay for care giving, you get no additional rights.
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Customer reply replied 1 year ago
she did receive help through Texas Medicaid, but was not subject to Medicaid Estate Recovery Program because she applied before 2005. Even if she was not grandfathered out, I would qualify for the hardship exemption , being I lived here over 2 years. But I guess that does not apply.
Customer reply replied 1 year ago
As administrator, If I petition to open adoption records in my county and the records are not in my county, what than?
Customer reply replied 1 year ago
My mom's county
Thank you for your reply.
It is up to the court to locate the records by contacting the state, as all of the adoption records are filed with the state vital records office.
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Customer reply replied 1 year ago
okay, thank you for that. My last question is, if contact is made through the state, will I be allowed contact to explain to them the situation as to how small the estate is, and me and my mom's situation was.
Customer reply replied 1 year ago
or will me and my sister have to come up with money equal to 1/3 of everything in my mom's estate to keep the house and etc.?
thank you for your reply.
You can explain the situation, but yes, you and your sister could have to buy out their one third share of the estate if you want to keep everything AND if the other heir agrees, if not they can become a 1/3 owner just like you and your sister.
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Customer reply replied 1 year ago
possibly have to sell the house that has a $16000 loan on it that has to be paid off?
Customer reply replied 1 year ago
wow, aren't they lucky what if contact can not be established?
Thank you for your reply.
First off, if their is a loan on it, they would be liable for their 1/3 share of the loan payment and only could be entitled to 1/3 of any equity in the home if they want to be bought out, they would not be entitled to 1/3 of the whole value of the home.
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Customer reply replied 1 year ago
what if the state can not establish a connection? so they would have to pay 1/3 of the loan due, and than would be entitled to 1/3 of estate?
Thank you for your reply.
If the state cannot locate the heir, then generally the court can decide to take their financial share of the estate and make you place it in a trust in their name for the state to manage if they come forward.
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Customer reply replied 1 year ago
we will never see that money again...... ?
Unfortunately, the Texas law says they are entitled to their share, so yes that would legally be their share of the estate and you would not see it again.
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Customer reply replied 1 year ago
okay thank you
Customer reply replied 1 year ago
if I don't divulge what I think I might know, it could have been a hypothetical question, what could my liabilities be?
Thank you for your reply.
As I said in the beginning, if you do not divulge and the heir comes forward looking for their share you could be personally liable for the payment to the heir.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 1 year ago
I will end it at that
Thank you so much.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,086
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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