Does an adopted child gain anything from a will per stirpes?

Question

My grandmother (by adoption) died, and our mother had passed away already. Do I (it states in the will per stirpes) have any "claim" to the inheiritance even though she did not recognize me as my mothers child? I am legally adopted, however our relationship was not in tact. My mother still treated me like her own child. Does per stirpes only include my mothers biological children?

to clarify, my grandparents had a family trust that my mother would have gained a portion of. in the will it says per sterpis... this is why i ask if that does include me as the adopted grandchild even though I know they would not have deliberately included me as a non-biological child.

Answer 1

Magpie is incorrect. "per stirpes" does not mean bodily issue. It is Latin for "through the root," & is synonomous with "by representation." In all states I know of a legal adoptee has the same rights as a biological child unless there is testamentary language specifically restricting benefits to "bodily issue," or similar language manisfesting an intent to exclude adoptees.

Answer 2

Define Per Stirpes

Answer 3

first, let's define terms. PER STIRPES - Lat. Term used to designate a system of inheritance under which children take among them the share which their parent would have taken had he survived the decedent. Thus the children are said to claim their shares by representing their parent.

Now, an adopted child has full legal rights of naturally born children. As such, you are entitled to anything your mother would have received (divided among other children if any).

Consult an attorney.

Answer 4

Yes. You are treated exactly like any child born into the family, and get a proportionate share under "per stirpes". If she specified children born of her children, you are out, but if it's just grandchildren, they you are in.

Answer 5

As an adopted child, you are treated as if you were naturally born to your mother. Check your birth certificate. You should share equally with your mother's biological children any inheritance left to your mother in the grandmother's will.

Answer 6

My Dad was an attorney and per stirpes means of the body's issue, I believe per stirpes . Unfortunately it means that adopted children wouldn't be in this category

Answer 7

As you were legally adopted you have the same rights as her biological children. The law sees no difference.

Answer 8

Her kids and relatives come first, and if you are not in the will, I doubt if you have any legal claim! You have the same rights as any other grandchild!

Answer 9

once legally adopted, there is no difference under law as to born or adopted.

Answer 10

if there was a will the question is probably moot