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In inheriting property, does an adopted child's brother's and sister's get her part of her land if she dies and has no children. Her siblings say they can get her part. She was 62 at death and all her siblings are over 50. This is the question in the family. We are in Tangipahoa, La. If the will is brought forward 28 years after the person is dead, is it still good? The will was written in 1952 with no notary stamp of Louisiana.
This is too confusing as described. First question is whether or not the will will be accepted by the Court, which it easily might not, and the second is what is meant by 'her part of the land.' Or even whether you are referring to a will she wrote 28 years ago or one that was written by a parent, leaving land to her.
In any case, an adopted child is considered a child. If she and her siblings inherited land 28 years ago and she recently died without a will, and without a husband or children, then her siblings do inherit her property.
As joy said, An adopted child is a legal child with inheritance rights no different from a natural child. So the fact that she was adopted makes no difference.
Second if there is a will, the terms of the will should be carried out unless the will is contested and declared invalid. In which case, the estate in question would be distributed according to the inheritance rules of LA (which are quirky).
She .only child adopted by my aunt out of all her bro's and sisters . My aunt and her husband both died.she had no children don't know about a will,she died out of state.no my grandfather will was boyh forward 30 yrs after he passed,I don't know if she had a will or not.and the property is not in anyone name yet ,her mother that adopted her is a heir, land not dividedQuote:
Originally Posted by joypulv
Sorry but this is still confusing. So you have one child adopted by your aunt. Did your aunt's husband also adopt her? And who's siblings are you referring to? The aunt's or the adoptee's? Who had no children? The aunt or the adoptee? Who's property is this?
Please remember we don't know what you know so try to convey the full info.
Please try to answer each one yes or no:
1 - The only will you know about is from a grandfather of the adopted child's, but it wasn't found for 30 years, and property never passed legally to the heirs.
2 - Adopted child had siblings AND former siblings.
3 - Her adopting mother is your aunt and you are a former sibling.
4 - Adopted child died with no known will, her husband predeceased her, and they had no children.
We really need to know what 'siblings' you refer to, original or in the adopted family, or both!
In any event, without knowing who had wills or not, and what they said, we can't begin to answer this.
LA law is unlike any other state in the US. You all need a LA lawyer.
Yes,my grand father 2.yes,bro's and sister tha were not adopted by my aunt 3.yes my aunt 4.she was not married had no children
OK.. who else other than your aunt inherited from her father? You said 'her part of the land.' Who owns the other parts of the same land?
The way OP has tried to explain this is extremely confusing.
I gather the woman at issue has died at the age of 62. Her biological grandfather (i.e.: the father of one of the woman's biological parents) died some 30 years ago, leaving a will which has just recently been discovered. At some point, this woman was adopted.
The question would revolve, in part, around the timing of the following events:
1. the grandfather's death, and
2. the woman's adoption.
If, for example, the grandfather died before she was adopted, she (or her estate) may be an heir of the grandfather, entitled to a share despite her adoption. But all of this may be academic: if the grandfather's estate has been probated decades ago, the recent discovery of a will may be too late to make any difference. Has his estate been distributed to heirs?
Grand father died 1965, had 11 children by two different wives first set five second set six . One of his daughters adopted a child this is not the question, it is do her bro's and sisters inherited anything since they are not adopted in the family.the land not divided no one owns nothing yet .some heirs died without children and others died leaving children. Only three original heirs left rest are grand childrenQuote:
Originally Posted by joypulv
Clearly you need to hire an attorney in your state to get this all straightened out.Quote:
Originally Posted by edpemt
Is "her" the woman who was adopted? And by "her [brothers] and sisters", do you mean her siblings before she was adopted? After she was adopted, they would no longer be her siblings, so the answer would seem to be "no".Quote:
... the question, ... is do her bro's and sisters inherited anything since they are not adopted in the family. ...
I agree that it doesn't look like you have much chance of inheriting, especially now that you say that there were 11 other children. The most direct blood relatives will inherit first.
IF she wasn't actually legally adopted, you might have a tiny chance of a tiny share.
Quote:
Originally Posted by joypulv
Could be. However it does look as though this is a case of the grandfather's estate being in (un-probated) limbo for generations. If the family wants this ever straightened out, sooner would be better than later.
I'm also going to suggest that an attorney be retained to straighten this out. I agree with the others, but even more because you need to sit down with someone knowledgeable in an interactive session. You clearly have problems with explaining things. Getting usable information out of you has been very difficult.
No you are reading somethig else,it is explained in reason. Grandfather had land he had children. One of chhildren adopted achild.the child had siblings before adopted only child after.you are trying to see what I inherit, my father is one the three living children left of my grand father I am not inheriting it my father is one of the 11 kids 2 of his bro's died without kids. The adopted child from my aunt died without kids , her bro's are trying to come in on the inheritance they are trying to claim a stake in the land that my grandfather leftQuote:
Originally Posted by ScottGem
Still not enough. So your Grandfather died. At the time he died he had 11 children survive him. One of THOSE children adopted a child. Was the mother of that child still alive when your grandfather died? Your father is one of 3 surviving children. The adopted child died without offspring. The siblings of the adopted child (also grandchildren of your grandfather). Are trying to claim a part of the land.
As noted LA inheritance laws are complex and I'm not going to go through them, because and attorney is needed. But any children alive with your grandfather died might be entitled to a share of his estate. Any children of those might be entitled to a share of their parents share.
You need an attorney to unravel this.
Quote:
Originally Posted by ScottGem
edpemt, please correct me if I am wrong, but I think I see part of the confusion. The adopted child has biological siblings from her birth family. They have no legal relationship through adoption or blood to the grandfather or the aunt. Their only claim is being the biological siblings (same birth parents) of the adopted child.Quote:
the child had siblings before adopted only child after.
The adopted child (an only child in her adopted family) died without having children. Her biological siblings are attempting to claim her part of the inheritance from the grandfather/aunt who had no legal relationship with them.
One fact I have lost track of: Did the adopted child have a will?
Not as I know of,and her siblings havenot brought one forward.thanks, I know tha was a lot you got it right. everyone looking at what i get that wasnot the question.Quote:
Originally Posted by Cat1864
Legally, her biological siblings are NOT related to her.
They should have no claim on her estate at all.
Her share of anything would stay in her LEGAL family--that is, her adopted family.
What's this about 'everyone looking at what I get?'
If we ask ANY question, it's to clarify the situation, not find out what you might inherit.
I could have sworn that you (or someone) said that the adopted child was related to the people who adopted her! That matters.
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