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    topdog93's Avatar
    topdog93 Posts: 5, Reputation: 1
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    #1

    Nov 7, 2011, 09:26 AM
    Inheritance
    Me and my brother received partial inheritance. My sister has not been found or heard of as long as I can remember. We all have different fathers. Is there a time line? Or will they just keep her inheritance in trust? My mother passed away 2003.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 7, 2011, 09:32 AM
    Where? In general her inheritance is held until she is either located or declared dead. Harsh but true.

    There are means to finding people - the Court has all the assets to do so. Where does this stand in the estate proceeding?
    topdog93's Avatar
    topdog93 Posts: 5, Reputation: 1
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    #3

    Nov 7, 2011, 09:40 AM
    West Virginia. Trying to find out have emailed the law office. It has been a year since I last contacted them due to deployments. Mom has passed 2003 I was contacted 2010. What means could I use to find her. We tried Facebook and other means but it is like she does not exist. Do you have any ideas.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 7, 2011, 09:54 AM
    Was the Will probated? If so the estate should be closed and the Court will help you.

    If not, use a private investigator or similar source.

    If she EVER obtained a utility, purchased a car, got a driver's license, many other things, they'll find her.
    topdog93's Avatar
    topdog93 Posts: 5, Reputation: 1
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    #5

    Nov 7, 2011, 10:26 AM
    Just found out something she was adopted by another family in the 70s. Does this change matters and has no contact with her. But me and my brother would still like to find her. Her last name would have change so that might be why it is so difficult to contact her any suggestions?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 7, 2011, 10:41 AM
    Once she is adopted (assuming it's a legal adoption) she has NEW parents and no legal ties to her birth family.

    Is this inheritance by Will? If it specifies her BY NAME she is entitled to the money. If it says something like "my children" she is NOT entitled.

    This is very general info, by the way. The date of the adoption and date of the will also come into play.
    topdog93's Avatar
    topdog93 Posts: 5, Reputation: 1
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    #7

    Nov 7, 2011, 10:45 AM
    Thank you very much kind of sad about it. How do me and my brother find out if the adoption was legal or not and I do have the state in which she was adopted in Colorado.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Nov 7, 2011, 11:58 AM
    Quote Originally Posted by topdog93 View Post
    Just found out something she was adopted by another family in the 70s. Does this change matters and has no contact with her. But me and my brother would still like to find her. Her last name would have change so that might be why it is so difficult to contact her any suggestions?
    First, let's discuss what this means with respect to the inheritance. Assuming that she was legally adopted in the '70s, and the inheritance is from you mother, who died in '03, there is (as I understand what you are sayiing) something left in your mother's estate. You say you and your brother received a "partial inheritance", so I'm guessing the will said something like "equal shares to my children". Your bio-sister wouldn't have been, legally, a child of your mother at the time of your mother's death. So you and your brother may be entilted to what was thought to be your sister's share. I am confused as to why the executor did not know about the adoption. But in any event, it seems that the executor still owes you some money. Contact the executor and see what he/she intends to do about this. In any rate, you need to see an attorney to figure what to do about this.

    Adoption records are normally sealed, except for the parties involved (your sister, your mother, and your sister's father). Contact a Colorado attorney to see if there is a way you could get access to the adoption records in the court file.
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    topdog93 Posts: 5, Reputation: 1
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    #9

    Nov 7, 2011, 12:37 PM
    There was no will. Me and my step brother and step sister are it. My step brother dad passed away.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Nov 7, 2011, 11:40 PM
    Quote Originally Posted by topdog93 View Post
    There was no will. Me and my step brother and step sister are it. My step brother dad passed away.
    Ok, will or intestacy, either way, you need to double check to see if some funds or assets are still sitting around waiting for her. If so, they would probably go to you and your step-brother.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Nov 8, 2011, 04:56 AM
    The best thing to do here is talk to the executor and get the status of the estate. Your refer to step brother and sister, but a step brother and sister would mean the children of someone your mother married. As such they would probably not be entitled to a share of your mother's estate.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #12

    Nov 8, 2011, 07:58 AM
    Quote Originally Posted by ScottGem View Post
    ... Your refer to step brother and sister, but a step brother and sister would mean the children of someone your mother married. ...
    Good catch.

    But OP says "we all have different fathers", implying that all three had the same mother. Might OP mean half brother?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Nov 8, 2011, 08:15 AM
    I suspected he meant half siblings. Missed that he said same mother.

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