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Selecting an estate planning attorney for your legal case is a very important decision. Please enter a zip code to find an estate planning attorney that serves your area:
Get Inheritance Rights Legal Help at this site
What You Need to Know
Leaving a will is the best way to ensure heirs or descendants may
inherit from your estate. Issues of property distribution may arise
when a birth parent or adoptive parent dies without making a valid will
or without naming an heir to particular property (referred to as
intestacy"). In these cases, State law determines who may inherit from
whom. All 50 States and the Territories of the United States specify an
adopted child's rights of inheritance from and through the adoptive and
biological parents.
Birth Parents and Adopted Children
Generally, the court decree that finalizes the adoption ends the legal
relationship between the biological parent (also referred to as the
"birth" or "natural" parent throughout this document) and adopted
child. There are, however, exceptions to this policy in some States.
For example, Alaska and Idaho provide for a continuation of inheritance
rights if stated in the adoption decree. Colorado requires the adopted
child to file a claim against the estate of the biological parent
within 90 days of the parent's death. Illinois allows the biological
parents to acquire from the adopted child's estate any property gained
from them through gift, will, or under intestate laws (laws that govern
the distribution of property when a person dies without a valid will).
Adoption by the spouse of a biological parent has no effect on the
right of a child to inherit from or through either biological parent.
Adoptive Parents and Adopted Children
The adopted child is treated by law as the natural child of the
adopting parents, upon the entry of the final adoption decree. The
adopted child, therefore, gains the right to inherit from the adoptive
parents and adoptive parents' relatives. Adoptive parents also gain the
right to inherit from their adopted child.
Some more reading on Intestate Inheritance Rights
Michigan Intestate Inheritance Rights Laws
Louisiana Inheritance and Estate Transfer Taxes
SSA Government on Intestate Inheritance Rights
Content Related to Topic
An Estate Planner can also assist all other possible estate planning law concerns.
A Will, is sometimes called a "Last Will and Testament". Used to transfer property you hold in your name to the person(s) and/or organization(s) you want to have it. A Will also typically names someone you select to be your Personal Representative (or "Executor") to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.