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A boy who's father gave up rights to was adopted by another man at age 6. The father asked the boy if he wanted to take on another name the boy said yes so the father gave up rights. Both the bio father and the step father have lots of money. The bio father is from New York and the Step father is from Louisiana. The bio father never remarried or had any more children. The stepfather who married the boys mother had 3 kids with her who are now also grown. From what i am gathering the stepkid is entitiled to zero inheritence from either father. The bio father gave up rights and the step father only wants to give his real kids everything so the step kid thinks the step father took him out of the will. Is the step kid really screwed here with regards to an inheritence?
That's why you sometimes see a behest of a token amount. Yes, some states do not allow totally disinheriting certain relations (spouse and offspring). But a person is allowed to distribute the estate according to their wishes as long as they are of sound mind.
Quote:
Most of the time, spouses are the major beneficiary in a Will. Even so, there are laws in all states that protect the surviving spouse from being disinherited. Some allow the spouse to take an elective share of the estate, usually one-half or one-third, regardless of the provisions in the Will. One method to disinherit a spouse may be through the use of a premarital agreement, but the courts are apt to closely scrutinize such agreements to make sure that the agreement was signed in good faith and with full disclosure of assets.
It's possible to put limitations on the property that you leave to a spouse through the establishment of trusts for the benefit of your spouse, that come into existence after you die. You should consider the following factors in deciding what kind of trust is best for your circumstances:
the possibility that your spouse's needs may increase in the future
the manner of living to which your spouse is accustomed
the ability of your spouse to provide for his or her own needs
the ability of your spouse to manage the trust assets
the possibility that your spouse may remarry and the affect the marriage may have on your children or other beneficiaries.
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It's common for adult children to receive a significant portion of their parent's property. On the other hand, in every state except Louisiana, it is legally permissible to disinherit a child, regardless of his or her needs or age. Louisiana law provides that no child under the age of 23 at the time of the parent's death can be disinherited.
------ Here is where I found the information above-I don't know how trustworthy this website it is---------------
However, if the the adopted dad was to pass before the mother, she'd get a certain percentage if not all, depending on the will. Even if he doesn't leave nothing to the adopted child and passes first and the mother doesn't have a will, then he will be included when she passes and her assets are distributed. If she has a will, then it would be according to her will.
first, the family isnt in poverty because the kids take and take. as a parent you draw lines. so a child begs for money... that doesnt mean you sacrifice your life and your financial well being for the whims of a disrespectful child. love and financial responsibility dont have to clash.
second, while its nice to think about what might have been or what should be or whatever, the guy getting the shaft needs to let it go. yes, its another insult to injury... just another continuation of the same treatment.
there are times when you walk away from that kind of noise. call it blood money. call it more trouble than its worth. if he ever gets a dime, then he can worry about what to do with it. in the meantime, the guy needs to just accept the screwed up situation as what it is and just live his life to a better standard. even if he doesnt get a dime, he will be living a better life.
Birth Parents in Relation to Adopted Person
Citation: Cons. Stat. Tit. 755, § 5/2-4(b), (d)
The natural parent and relatives shall take from the adopted person and the adopted person's kindred the property that the adopted person has taken from or through the natural parent or relatives by gift, will, or under intestate laws.
For purposes of inheritance from or through a natural parent, an adopted child is not a child of a natural parent, nor is the child a descendant of a natural parent or of any lineal or collateral kindred of a natural parent, unless one or more of the following conditions apply:
The child is adopted by a descendant or a spouse of a descendant of a great-grandparent of the child, in which case the adopted child is a child of both natural parents.
A natural parent of the adopted child died before the child was adopted, in which case the adopted child is a child of that deceased parent and an heir of the lineal and collateral kindred of that deceased parent.
The contrary intent is demonstrated by the terms of the instrument by clear and convincing evidence.
Ch. Code Art. 1240; 1256(C)
Upon adoption, the birth parent and relatives of the adopted person are relieved of all of their legal duties and
divested of all of their legal rights with regard to the adopted person, including the right of inheritance from the
adopted person.
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