[lacrazylaws]

Inheritance and Adoption - If the illegitamate child of a deceased Louisiana resident was adopted in another state by a step parent, what laws apply during succession. The adoption law of the state in which the child was adopted says that all inheritance rights to the biological parent is terminated with the adoption. However, the inheritance law in Louisiana states that adoption does not terminate the right for the child to inheret from the parent but only the parent's right to inheret from the child. Which law would apply? The adoption law terminating the inheretance right or the inheritance law saying that adoption doesn't terminate the right to inherit?

[JudyKayTee]

The child, once adopted, is a member of the adopting family and NOT the birth family.

[lacrazylaws]

Different states have different laws. Louisiana says adoption does not end inheritance rights , but the other state in which the child was adopted says it does. That is where the conflict exists. Which would take presidence? The state of adoption or the state where the succession is taking place?

[JudyKayTee]

I wouldn't believe this BUT the law actually says: "Birth Parents and Adopted Children - Generally, the court decree that finalizes the adoption ends the legal relationship between the birth parent (also referred to as the biological or natural parent in the statutes) and the adopted child. There are, however, exceptions to this policy in some States. For example: Alaska, Idaho, Illinois, and Maine provide for a continuation of inheritance rights if so stated in the adoption decree.
In Kansas, Louisiana, Rhode Island, Texas, and Wyoming, an adoption decree terminates the right of the birth parent to inherit from the adopted child, but the adopted child may still inherit from the birth parent.
Illinois allows the birth parents to acquire from the adopted child's estate any property gained from them as a gift, through a will, or under intestate laws. In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person.
In approximately 14 States, if a child is adopted by a stepmother or stepfather after his or her birth parent dies (as long as the deceased parent's parental rights had not been terminated prior to his or her death), the adopted child's right of inheritance from or through the deceased birth parent or any biological relative is unaffected by the adoption. Adoption by the spouse of a birth parent generally has no effect on the right of the adopted child to inherit from or through that birth parent. In 10 States, when a child has been adopted by a stepparent, the child may inherit from either birth parent, depending on the circumstances." Intestate Inheritance Rights for Adopted Children: Summary of State Laws

The Will refers to the State where the State was written. As far as I can tell the estate is distributed in accordance with the law where the Will is probated, not where the "beneficiaries" reside.

You are going to have to speak to an Attorney in LA.

And as I said - I find this against common sense.

[Fr_Chuck]

While I don't believe a child once adopted has any claim on his birth parents, if and when there is a probate court, the laws of the state where the probate is being held rules over that court.

[ScottGem]

As noted, the law where the estate is probated will govern the rules of inheritance.

[cdad]

In general the laws that apply upon a persons death are those of the state that they reside in. It has nothing to do with where siblings or children live. So depending on the state of residence at that time. Those laws would prevail.

[JudyKayTee]

Right, and it's the State of residence of the deceased (which is where the Will is probated), not where the deceased died - for example, if the deceased was on vacation.

I just can't believe that adopted children can inherit - in some States - from BOTH sets of parents and can inherit if the Will is silent about them (doesn't mention them), the thought being that perhaps they were forgotten.

Amazing!