What are all the steps involved in collecting an inheritance? Also, if the person inheriting the estate was actually adopted by another family, would she have to have a DNA test before she could collect this inheritance from her biological family?
2006-08-07 17:15:37 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Was this "heir" mentioned in the will? If so, the executor should take care of sending the inheritance and paperwork.
If the "heir" thinks they are going to inherit solely because she is the biological child or grandchild of the deceased, even though she was adopted out away from the family, she isn't going to inherit anything. It doesn't matter if they are biologically related. It is the legal status that matters.
When the parental rights to the biological parents were terminated and the child was adopted by another family, the child ceased to be related to the biological family. They are now legal strangers to one another. One can only inherit from legal strangers if there is a will in place stating that the deceased wants something to go to the legal stranger.
She can, of course, inherit from her legal family if her parents should die without a will, or intestate.
2006-08-08 07:47:21 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
A will is probated if it is found to be valid. This is handled by a probate court.
An executor contacts all beneficiaries named in the will and others who may have a colorable claim.
Unfortunately, in most states, an adopted child cannot take from the estate of the biological parents unless they are named in the will. If they are named, there shouldn't be a need to have a DNA test. A valid birth certificate and other government IDs would probably be all you need.
2006-08-07 17:35:13 · answer #2 · answered by ? 5 · 0⤊ 0⤋
The first issue would be the existence of a will. If the person were left something in a will or a trust there should be little difficulty collecting that inheritance. If there was not a will or trust the state law in your state has a means of determining who would get what. In any case an attorney is very likely what will be necessary.
2006-08-07 17:29:43 · answer #3 · answered by ? 6 · 0⤊ 0⤋
The Will is written in a way that designates portions of the estate to a number of beneficiaries or even just one. If you are a beneficiary and you have been adopted away by another family, the lawyer for the estate will contact you. Of course, you would probably need to provide photo ID and relevant information to let that lawyer know that you are you ... but in general, if the person names you as a beneficiary, they are likely to tell the lawyer where you would likely be located.
2006-08-07 17:24:42 · answer #4 · answered by Angela B 4 · 0⤊ 0⤋
there should be a will executor that handles the distributiion and a lawyer is usually involved. A DNA test may be necessary if the will does not specifically name the person as an heir. Find out who the executor is and contact them. The local Court House should have this info.
2006-08-07 17:20:53 · answer #5 · answered by Elwood 4 · 0⤊ 0⤋
could desire to be no issues, different than for the 30% or so the government will take in estimated taxes, get a pointy accountant to do your taxes. do not enable everyone understand you have money coming, you're transforming into kin and friends? popping out of the woodwork to borrow money.
2016-11-04 02:45:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call a good honest lawyer if you can find one. Maybe check with someone who deals in probate matters at your local courthouse. They have lawbooks for the public to view at most courthouses if you cant find the answer. Good Luck.
2006-08-07 17:23:05 · answer #7 · answered by windtalker 1 · 0⤊ 0⤋