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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118676
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ok---my husband just died a year ago----we had no will we

Customer Question

ok---my husband just died a year ago----we had no will we have no estate----the only two things that were in his name when he died were his truck and his motorcycle---since then they were put in my name---now he does have a daughter from his first marriage---but I think she was adopted by her stepfather---now does she have any claim on half the money from the sale of the bike if I decide to sell it ??---and how can I find out if she was legally adopted---I mean she did take the other last name
JA: What state is this in? And how old is the truck?
Customer: well the truck is sold and I did give her half the money, but I was told that she may not have rights if she was adopted---- in Pa.
JA: What documents or supporting evidence do you have?
Customer: for what? the adoption?
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes is there a way I could find out if she was adopted?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month 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.

Expert:  Law Educator, Esq. replied 1 month ago.

No, if the truck and motorcycle were put into your name at the time of death, she has no further claim on the estate. The motorcycle and truck are now your property and if you sell them she cannot claim a share of the proceeds from the sale. If she wanted to challenge anything she had to challenge the estate prior to the items being placed into your name.

Under PA law, an adopted child cannot collect from a birth parent once they have been adopted pursuant to 20 PA Con. Statute 2108. As far as finding the adoption records, you would need to go to the court and ask the court to unseal those records if she tries to make a claim, but at this point she has no claim to make since you were already given the ownership of the bike and truck.

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