Birth father allowed son to be adopted by another male; birth father had another child from another marriage; adopted father and birth mother had a child from their marriage. Adopted male son dies in car accident, who inherits from him?

Assumed the adoptee died intestate, then his estate would be divided according to the laws of inheritance where he lived. In any case, since the adoption severed any rights the bio parents had, they would not be eligible to inherit.

Which party are you trying to get information on and what State is this in ?

His heirs would inherit, either as specified his will (if he was of age and thus had capacity to make a will); or in the inestacy laws for the jurisdiction where he resided. If he left no children, that may very well be his legal parents (his mother and adoptive father).

In many (most?) states if you die intestate without a spouse but with both parents living and one sibling the descedant's estate is split among the three of them in equal shares. But laws vary, so to give a more specific answer we need to know what state the descedant lived in and whether he had a will or not. To be clear, in this case the sibling who inherits is the child of the adoptive father and mother, not the child of the biological father, as the bio father had previsously severed all legal relationships with the child.

as the bio father had previsously severed all legal relationships with the child.

This part is wrong on 2 counts.

First: For the OP they had said it is the child that had passed not the parent/s.

Second: Many States have laws that allow for adoption and the right of inheiritance still survives from parent to child. We need to be careful with that part.

This part is wrong on 2 counts.

First: For the OP they had said it is the child that had passed not the parent/s.

I think you misread my post. Yes, it's the adopted child who has died - I didn't state otherwise.


Second: Many States have laws that allow for adoption and the right of inheiritance still survives from parent to child. We need to be careful with that part.

I wasn't aware of this, good to know. But keep in mind we're talking about the right of inheritance of a bio parent (and his other children) from a child he has given away in adoption who then dies intestate.

I think you misread my post. Yes, it's the adopted child who has died - I didn't state otherwise.



I wasn't aware of this, good to know. But keep in mind we're talking about the right of inheritance of a bio parent (and his other children) from a child he has given away in adoption who then dies intestate.

I must have misread this line here:

To be clear, in this case the sibling who inherits is the child of the adoptive father and mother