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View Full Version : Estate claims on a father who gave up parental rights.


kindrake
Oct 8, 2006, 04:42 AM
My father gave up parental rights when I was a small child. As a teenager I relocated him and we started a relationship that continued for the next 20 years. He recently passed away with no will. Did his signing his rights away also void any chance of my having a claim to part of his estate?

excon
Oct 8, 2006, 06:37 AM
Hello kin:

Interesting proposition. I would say NO. HE gave up HIS rights to be your parent. YOU didn't give up YOUR rights to be his child.

excon

Fr_Chuck
Oct 8, 2006, 06:47 AM
I am not familiar with any case on law on this, but it would be worth hiring an estate attorney and file a claim with probate if the estate is large enough.

Who are the other people with a claim , current wife, other children??

s_cianci
Oct 8, 2006, 07:47 PM
Not necessarily. If you can prove that you are his heir (is his name still on your birth certificate?) then you may have a claim to at least a portion of his estate. Consult with a probate attorney for firsthand information.

LUNAGODDESS
Oct 9, 2006, 09:06 AM
Did he allow someone else to adopt you? Any way still challenge the estate as a surviving child, close blood relative... you have rights if your father did not sign you away to someone else...

kindrake
Oct 12, 2006, 03:18 PM
My father allowed our stepfather to adopt us when I was 4 years old. I did not see him again until I hunted him out at 17. I maintained a relationship with him for the next 24 years.