I and my sister are the children to our parents. She was adapted by my uncle 30 years before.(she was 3 years).In all records it is mentiond my uncle's name in the area of father's name right from the school records of her's.Is there any legal options that she can ask for my parents property.Pl confirm.She is married and has one child
2006-09-10 19:59:49 · 25 answers · asked by srinivasan v 1 in Family & Relationships ➔ Family
She is no longer your father's daughter if she was legally adopted by your uncle. He becomes her father for all legal purposes. She has no claim on your father's property, because legally she is not his daughter.
If she was legally adopted, even her birth certificate will show your uncle's name.
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2006-09-10 20:08:24 · answer #1 · answered by lcmcpa 7 · 0⤊ 0⤋
It is really up to your state laws, then the will who gets the inheritance. Your parents can't leave everything to you, unless the law allows it.
If your parents don't have a will, the court will decide who gets what. ( after the state takes their share)
As an heir apparent, your sis must be notified when the estate goes into probate. As a biological child , she has a right to petition the will.
I don't know what the facts were regarding the adoption , or the family relationships, but keep in mind :
Your sister did not relinquish rights to your parents estate.
Your parents may have given her up because that was the best thing for her. They may wish to "prove" their love by leaving her an inheritance.
Unless your uncle is much better off financially, I would expect them to leave something to your sister. Especially a portion of heirlooms from the family.
Your parents may have included grandchildren in the will.
Whatever happens remember the estate would have been much smaller if your parents had raised another child.
Encourage your parents to write a will. Your family may be broken apart, if you have to fight it out in court.
2006-09-11 03:49:44 · answer #2 · answered by canyon2988 2 · 0⤊ 0⤋
Yes, she has all the rights to claim share in her parents' property.
Eventhough she was adapted by your uncle, the fact that your father was her father does not get invalidated.
If she can prove that her father is your father, then court can not deny the legal right she has to get the legal share of her parent's property.
She is married, that is her personal right.
2006-09-11 03:34:01 · answer #3 · answered by Best Answer Expert 3 · 0⤊ 0⤋
if you are from england you can go to EQUITY Court . if are you are in america i dont know. but she have proper right.
Infact she have also right to get the property of the father and also uncle property.
before doing anything first get see if your father have mention her name in his will and some paper called ..... which says that how many kids you have and of what age and etc.
if her name is included in that the papers then she will be having no problem.
Good luck
2006-09-11 03:36:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If through paternity testing she can prove that she is your father's child then absolutely if your father dies intestate, without a will specifying where his money shuold go, then the probate court will split his estate between the two of you. She is his legal heir irrespective of where she was raised. If he dies with a will specifying the how the proceeds of his estate are to be distributed then he coould specify to whom his money is to be given and she could be left out of the distribution. She could contest the will but it would be difficult especially if the will is drawn up, signed by your father and a witness, dated, and notarized by an Attorney. Most probate courts will recognize the rights of the estate to leave the money to who they desire.
2006-09-11 03:13:27 · answer #5 · answered by rhutson 4 · 0⤊ 0⤋
It would depend upon what the will said when your parents pass away. If there is no will, then it will have to be figured out in family court, and those rules vary from State to State. You should ask a lawyer to be sure. If your parents are still alive, then you may want to ask them to clarify their intent (either way)by having a will drafted.
2006-09-11 03:05:32 · answer #6 · answered by SFDHSBudget 3 · 0⤊ 0⤋
No it's not possible since one person can't be a child of 2 fathers.
2006-09-14 04:52:11 · answer #7 · answered by Prince 3 · 0⤊ 0⤋
the first thing i would do is contact and ask a lawyer alot of them have free consultations. the laws now days are tricky and it is very hard too tell.
and another thing could count on if your parents put her name on any legal papers for her too get any thing.
good luck
2006-09-11 03:24:54 · answer #8 · answered by Ozark American 2 · 0⤊ 0⤋
I think so Why does this bother you? She is your sister whether you get along or not you should want to share your fathers property with her.I mean she is blood.
2006-09-11 03:11:09 · answer #9 · answered by butterflyspy 5 · 0⤊ 0⤋
yes definately.as she is your fathers dauter not your uncles even if she was adopted by ur uncle.she can claim her rights and sharein hr fathers property
2006-09-11 03:44:08 · answer #10 · answered by mad 1 · 0⤊ 0⤋