AT 6 weeks I was given up by my birthmother for adoption in California. I am 40 years old and was reunited with my mother 9 years ago. She is a mother to me, mother in law to my husband and grandmother to my children.

She died on Tuesday. I have one 1/2 sister with her but I don't know what my rights are if any to her estate or her personal belongings. I just need some guidance on what if anything I should be doing.

She was married for 33 years with a daughter with her husband.. my 1/2 sister. He was beneficiary to her estate as far as I know.

In her obituary , and on death records etc. I am listed as her daughter. Although, I was legally given up at 6 weeks old.

Any advice?

Thank you,
Deanna

Well, because she gave you to adoptive parents those are your legal parents. As far as her estate is considered her husband and daughter (your half sister) would be the benificiaries with her husband first. This is not saying you weren't close with her and that she left you out of her will all together it just means that even from a legal standpoint you are not included. It is nice that you were included in her obit but those are not legal documents. What you should do is give a little time to her husband and your sister to grieve let yourself as well that is a hard loss. Then when her lawyer and her husband start dealing with the will you can see what it says. I'm sorry for your loss and my thoughts will be with you.

You have no right to her estate what so ever, unless she named you in a will, you have no claim.

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.

[QUOTE=deemarie]AT 6 weeks I was given up by my birthmother for adoption in California. I am 40 years old and was reunited with my mother 9 years ago. She is a mother to me, mother in law to my husband and grandmother to my children.

She died on Tuesday. I have one 1/2 sister with her but I don't know what my rights are if any to her estate or her personal belongings. I just need some guidance on what if anything I should be doing.

She was married for 33 years with a daughter with her husband.. my 1/2 sister. He was beneficiary to her estate as far as I know.

In her obituary , and on death records etc. I am listed as her daughter. Although, I was legally given up at 6 weeks old.

Any advice?


No, as others have said you are not entitled to anything unless she has specifically made provisions for you.

I would let people grieve a little - she died on Tuesday, I believe this was posted on Thursday - and then approach your half sister or your mother's widower and ask for something specific that you would like to "remember" her. Then it is up to them.

This is a very bad time to be asking them anything about financial and inheritance matters. Has she been buried yet?