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htokkjs · Nov 20, 2012, 07:04 PM

My father gave up rights to me when I was six and my step-father adopted me. I am now of legal age. I reconnected with my birth father when I was 17. My birth father just died and I'm being told I am his next-of-kin. He was not re-married and had no other children. His mother and some siblings are still living. He has no assets or debts that I am aware of. Am I next of kin? And if so what rights and obligations do I need to be aware of?

cdad · Nov 20, 2012, 07:11 PM

If his mother is still living then for legal purposes she would be next of kin. When an adoption takes place then that is given up as a legal standing. In many states all rights and obligations are given up with one exception. That of inheritance.

Fr_Chuck · Nov 20, 2012, 07:15 PM

You have no obligation what so ever, and depending where you are, there is no rights of inheritance. I will trust Califdadof3 that he knows of states where inheritance is accepted after adoption.

But you have no obligation what so ever.

cdad · Nov 20, 2012, 07:23 PM

Originally Posted by Fr_Chuck

You have no obligation what so ever, and depending where you are, there is no rights of inheritance. I will trust Califdadof3 that he knows of states where inheritance is accepted after adoption.

But you have no obligation what so ever.

"In 2010, legislation also ruled that adopted children might still have some inheritance rights to the estates of their biological parents, as well.

Read more: Legal Rights of an Adopted Child | eHow.com http://www.ehow.com/list_7612690_legal-rights-adopted-child.html#ixzz2Cot885zA"

Legal Rights of an Adopted Child | eHow.com

More specific laws for different states. (PDF file)

http://www.childwelfare.gov/systemwi...age=5&view=Fit

AK lawyer · Nov 20, 2012, 08:00 PM

Califdadof3's information is interesting, but OP said that "He (meaning the biological father) has no assets or debts that I am aware of." Thus inheritance rights are probably moot. If decedent didn't leave any property, I can think of no rights that OP would have. And there would be no obligations unless there is something to inherit, in which case creditors would have to be paid first.

As Caifdadadof3 also wrote, whoever told OP that he/she is "next of kin" was mistaken.

ScottGem · Nov 21, 2012, 04:55 AM

I would like to know who told the OP this and under what circumstances. It is possible the bio father included the OP in a will and that's what is being referred to. If the father died intestate, then local laws of inheritance apply (ANY question on law needs to include your general locale as laws vary by area.) and a child given up for adoption would be low on that list if on it at all.

htokkjs · Nov 23, 2012, 06:18 AM

Thank you everyone. Your responses were very helpful. The local coroner tracked me down but somehow did not see the adoption records even though my name is different. After receiving the papers he wanted me to sign I called him and explained the adoption. After further checking he said that I was not the legal next of kin and is going to contact his mother. Only problem there is she may not be mentally competent or financially able to handle the expenses. He had siblings and they aren't interested in handling anything. Will the state of Calif end of taking care of everything?

ScottGem · Nov 23, 2012, 06:54 AM

No, if no one will step up they may be able to compel them to do so, or they will confiscate the estate.