Ask Me Help Desk - Adoption

Yes you're right. I probably do. My dad didn't abandon me. You're assuming. My mom is from New Orleans my dad is from New York. My mom was poor but very beautiful and went and lived in New York when they were married. She couldn't handle the rich lifestyle and fast pace of New York. It didn't work between them so she left and took me. He flew me up every so often but the money and the wear and tear on me and the lack of stability, it just got too much for both of them. Then my mom remarried. They were sending money letters etc but my mom my step dad and then all of a sudden I'm adopted and no longer heard from my dad. My grandma has never missed a birthday, xmas, ever and I'm 37.

*my mom married my stepdad*

Quote:

Originally Posted by jdbelet

I just think its crap that a child has no control in this situation because I know that New York state law that if I wasnt adopted, everything from my bio dad would go to me. Hes never had anymore kids, im his only child. Where as my step dad has three plus me. The laws need to be changed. I should be able to inherit from both.

I wanted to address this comment. First a 7 yr old is not capable of contributing to such a decision. I totally disagree that a child should have any control in this situation.

Second, as Joy has said, you don't know the law. The law in NYS allows a parent to disinherit a child though its complicated to do so. Disinheriting a Relative Can Be Complicated | New York Elder Law and New York Estate Planning
Also that article has other good news for you, the law in LA is that you CANNOT disinherit a child. So your legal dad cannot leave you out of his will, though he can control what portion you get.

Rich people rarely die intestate, plus they have the money to hire savvy estate lawyers to build ironclad wills.

The bottom line here is I think you are very wrong about the laws having to be changed. The current laws do not prohibit you from inheriting from both if both choose to include you in their wills.

I also wonder about these tax purposes you refer to. If you are referring to your step dad needing to be your legal father to declare you as a dependent on his tax return, that is not accurate.

Okay great thanks ScottGem :)

From what I've gathered, New York state law says the inheritance automatically gets passed on to the heir unless they were adopted (then they aren't getting anything unless specified in the will) or if left out the will/ disenherited but never been adopted, then they still get a percentage. Louisiana state law states unless included in the will, one won't be entitled to anything and if disenherited then they don't even get a percentage. I think you are wrong ScottGem no disrespect by that.

We've already established that anyone can inherit if included in the will. I read that if I would not have been adopted at 7 and retained my biological name, according to New York law, being that my dad has never remarried or had any other children, I would inherit regardless if I was specified in the will or not even if it was just a percentage. Since I was adopted, that was voided. In Louisiana, I would have to be included in the will period. I could be wrong as I am not lawyer and maybe was reading it wrong. I have a good relationship with both my bio dad and my adopted dad. My bio goes by the book the law. My adopted dad has three kids with my mom and they have always come first.

Can you cite the laws you are referencing. As I pointed out the article I linked specifically says otherwise.

The fact is that most states do not control the inheritance wishes of a testator. A testator is generally free to leave their estate to whomever they please. Though there are laws to ensure that the testator does not forget heirs. Most of the laws on inheritance refer to dying intestate.

I did some further research and found this site:
http://livingtrustnetwork.com/estate...-my-child.html

This modifies what I read in the previous link. Since you are over 23, then your legal father can disinherit you, but must include a just cause reason in his will.

Finally, I can find nothing in NYS law that would require that you inherit from a parent if they specifically disinherit you. I'm afraid you are misinterpreting what you are reading.

Oh okay, thanks ScottGem.