[jasondbel]

A boy who's father gave up rights to was adopted by another man at age 6. The father asked the boy if he wanted to take on another name the boy said yes so the father gave up rights. Both the bio father and the step father have lots of money. The bio father is from New York and the Step father is from Louisiana. The bio father never remarried or had any more children. The stepfather who married the boys mother had 3 kids with her who are now also grown. From what I am gathering the stepkid is entitiled to zero inheritance from either father. The bio father gave up rights and the step father only wants to give his real kids everything so the step kid thinks the step father took him out of the will. Is the step kid really screwed here with regards to an inheritance?

[charlotte234s]

I think so in the case of the stepfather, basically, a person can choose to give their inheritance to anyone that want to and exclude anyone they want to.

[ScottGem]

First forget the stepfather business. As soon as he adopted the child he became his legal father to all intents and purposes. At worst he can be referred to as an adoptive father but not a stepfather. But even that doesn't matter when it comes to inheritance. A person can leave their estate to ANYONE they want. They are free to disinherit and of their children whether natural or adopted. While I find it reprehensible to disinherit an adopted child just because he's adopted, he does have the right. However, if the father dies without a will, then the adopted child would be entitled to a share equal to any of the natural children who are legally his siblings.

As for the bio father, when he relinquish his rights he severed ALL ties with the child. The child no longer has any claim on his estate. This does not mean the bio father can't remember him in his will. But the child would have no grounds for contesting the will or putting a claim on the estate.

[jasondbel]

Thanks.

[jasondbel]

Even if they disinherit their bio children the bio still gets a certain percentage by law don't they?

[charlotte234s]

Even if they disinherit their bio children the bio still gets a certain percentage by law don't they?

Not if they have a will and the biological child isn't in it.

[ScottGem]

As both Charlotte and I said, there is NO requirement that anyone (spouse. Children or other relatives) be mentioned in a will. A person is allowed to include or not include behests for anyone they desire. The only time a relative would be legally entitiled to a share would be if there was no will.

[jasondbel]

Roger that

[K_2]

So, you want to disinherit someone, do you? Well, that may or may not be easy to do, depending on who you are trying to disinherit. If it's not your spouse or child, simply don't mention the person in your will.

However, if you are trying to disinherit a spouse or child, you are going to run into some difficulties. First off, you may be unable to disinherit your spouse at all. In many states, what is yours is also your spouses – he or she owns half of what you own in community property states, though you can certainly leave your half of the property and estate to someone else.

If you don't live in a community property state, then your spouse does not legally own half of what is yours. However, the laws in those states say that your spouse has a legal right to a portion of your estate even if he or she is not named in the will, assuming, of course, that your spouse challenges the will.

Here's an example. Many states state that the spouse is entitled to one-third of your estate. If you die without naming your spouse in your will, he or she will automatically receive half or your estate. If you leave a will, and only leave your spouse, say, one-fifth of your estate, he or she can challenge the will to get what is legally his or hers – the one-third (or one-half, depending on the state).

As for a child, you can disinherit him or her if you specifically state that you are leaving the child out of the will. If you fail to mention the child at all, many state laws assume you forgot and simply grant that child his or her share. If this situation applies to you, I assume that your child did something terribly wrong to deserve disinheritance.
Wills - Disinheritances

This doesn't happen very often, to be honest. When it does, it's usually by someone who feels cheated out of his or her share of the will. However, legally, only a spouse is entitled to a specific share. So, to successfully challenge a will, it does little good to argue that the person making out the will made a mistake or cheated you. Instead, your best shot is to challenge the validity of the will, i.e. arguing the signature was forged, that the person making out the will was not of a sound mind, or that he or she was coerced or unduly persuaded by someone else.
Wills - Challenging a Will

Louisiana
Adoption
Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 246 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Ch. Code Art. 1240; 1256(C)

Upon adoption, the birth parent and relatives of the adopted person are relieved of all of their legal duties and divested of all of their legal rights with regard to the adopted person, including the right of inheritance from the adopted person.

The right of the child to inherit from his or her parents and other birth relatives is unaffected by the adoption.

If the adoptive parent is married to a birth parent of the adopted child, the relationship of that birth parent and his or her blood relatives to the adopted child shall remain unaltered and unaffected by the adoption.

Adoptive Parents in Relation to Adopted Person

This issue is not addressed in the statutes reviewed.

New York
Adoption
Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 246 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Dom. Rel. Law § 117

The rights of an adoptive child to inheritance and succession from and through his birth parents shall terminate upon the making of the adoption decree; the rights of the birth parents over such adoptive child or to his property by descent or succession will also cease.

Adoptive Parents in Relation to Adopted Person
Citation: Dom. Rel. Law § 117

The adoptive parent and the adopted child shall sustain toward each other the legal relation of parent and child and shall have all the rights and be subject to all the duties of that relation, including the rights of inheritance from and through each other.
http://www.childwelfare.gov/systemwi....processSearch

However, on an attorney's website from New York, I found this:

Under what circumstances can an adopted child inherit from a parent when the parent left no will?

Adopted children are considered children of their adopted parents for purposes of inheriting from an estate where there was no will. Adopted children can only inherit from the child`s natural parents` estate when the natural parent left no will, under the following circumstances: (1) The natural parent and adopted child lived together at any time as parent and child or the natural parent was married to or lived with the other natural parent and then died before the adopted child`s birth. (2) The adopted child was adopted by either of the natural parents` spouses or after either of the natural parents had died. For more information as to whether a particular adopted person can inherit from a parent who left no will, please contact an attorney.
Ronald Fatoullah: New York Elder Attorney, Estate Planning, Asset Protection, Wills, Trusts

My advice would be, when the time comes, seek a consult from an attorney that deals with such matters.

[K_2]

As both Charlotte and I said, there is NO requirement that anyone (spouse. children or other relatives) be mentioned in a will. A person is allowed to include or not include behests for anyone they desire. The only time a relative would be legally entitiled to a share would be if there was no will.

There may not be a requirement to mention any specific person in the will, but in some states it doesn't matter whether you include your spouse or not. They are automatically entitled to a portion of your estate, will or no will.

[Fr_Chuck]

I will also mention, this step father BS really bothered me, once he adopted, he is the father, or at worst the adopted father, he stopped being the step father the day he adopted the child.

Also in some states, ( hire an attorney) if he is not mentioned in the will at all, and the other children are mentioned, he may have a right to challenge the will. We have a similar case that may happen and our attorneys have told us that unless all children are named, it can only give one dollar to one or name him as getting nothing, but if he is not named, he can challenge the will.

[ScottGem]

There may not be a requirement to mention any specific person in the will, but in some states it doesn't matter whether you include your spouse or not. They are automatically entitled to a portion of your estate, will or no will.

That's why you sometimes see a behest of a token amount. Yes, some states do not allow totally disinheriting certain relations (spouse and offspring). But a person is allowed to distribute the estate according to their wishes as long as they are of sound mind.

[kp2171]

My wife's father used the "token" amount approach, through his lawyers advice, for one of his adult children... the adult son is a disaster concerning money... so the father left him a small amount and the rest to my wife with the stated intent that the money be invested and then used for the purpose of the grandchildrens education.

It caused initial friction between the siblings, and he worked her hard to split 50/50, but my wife had promised her father shed follow his wishes and that the brother wouldn't get the cash. If he did, itd be gone in no time... gambling most likely. We've set up trust funds for the children through our wills and the money is well invested and safe... but he'll not get his paws on it.

Just to agree with what was already said... you cannot assume there is any mandated percentage that any one child deserves.

Now... I agree with the common anger here concerning the stepfather... if he is excluding the stepson by genetic basis, that's low. He adopted the child at 6 years old! How is he not that child's father by action?

Now... if there are other issues, like the case with my wife's brother... addictions, gambling... I think then there's maybe some merit. My wife honestly thinks if her brother ever won the lottery, that hed be dead within two years.

I'm wondering if we are getting the whole story here. Why does the stepson suspect anything about the will? Is there bad blood? Has something happened? How would he have any impression that the other children are going to get money but he isn't?

[ScottGem]

im wondering if we are getting the whole story here. why does the stepson suspect anything about the will? is there bad blood? has something happened? how would he have any impression that the other children are going to get money but he isnt?

I'm sure we are not getting the real story here. That's why I specified if the adopted son is being disinherited ONLY on the basis of being adopted. Unfortunately there is sometimes resentment between a stepparent who adopts a child and that child. That could be the case here.

[jasondbel]

WOW! Thanks a ton. Really thanks a lot.

[jasondbel]

You were wrong. I wouldn't give you a penny for advice!

[jasondbel]

From what I gathered, when the stepkid was a boy he was told to stay in his room. The parents had three kids back to back. If the step kid was not in his room he was having to take care of the three kids. As soon as the step father came home from work the boy had to go to his room while they played downstares as a family. If the boy came out he was hit then put back into the room. The boy was never allowed to leave the house. He had tostay home from school at lot of times to help watch and clean kids and house. The father owned a business. They were a happy family and as long as the boy shut up and stayed out the way he had a roof. The boy got older 12 and the step father lost the business they went bankrupt and the three new siblings lived a life of struggles while the boy lived in a upper middle class until 12 when the state took him and kept him until he was 18. The boy now a man has never been arrested never done drugs has achieved nice things for himself while the step half brothers and sisters the bio mother and step father are still living from paycheck to paycheck. The half sister has 2 kids at 20 still at home, the half brother is in an out of jail and on drugs and the other half sister has her together she was the oldest of the three and was able to get a dose of upper middle class life. However, the step father still thinks it a white picket fence life. He had his first heart attack because he was racist and his daughter had a black baby. Then another one from a different black guy. He just now excepted it. He works hard to pay his other sons legal fees but he won't stay out of trouble. He is a master carpenter one the best in the area. He builds million dollar homes. The step son is out there working with him from sun up to sun down. His real son is completely oppsite of the step father. His real son won't do a dish still at home at 19 been arrested a few times. The step father has worked so hard to keep them alive after losing everything and his own children will be the death of him. But he loves his kids. They do no wrong. He gives them whatever there heart desires. They are in poverty because his children take take take. The father calls the stepson to borrow a hundred here and there once or twice the step son needed help they didn't have have it. The step sons car broke down they could not give them a ride. The hurricane destroyed the step kids home and they would not let the step son his 2 yr old crash on the floor until they could get a place again because the step kids say he is not our real brother. The step father will let the step son work for him. Sometimes when the half sister or brother gets in trouble the step sons 60 hr work week he says I can't pay you this week because brother needs to get out of jail or sister needed a cell phone. The step kid is loved by a lot of people in the community. Made a lot of friends before going to the state at 12. They all tell the step kid why do you even go over there? They hurt you to this day. The step kid replies I have no other family. The bio mother does things to hurt the step kid because she knows there is nothing there for her first born son from a previous marriage and it hurts her so maybe oneday he will leave and never come back. The step kid still goes ove there and does dishes gives money, wants to be part of the family and the half kids still call him names, destroy his stuff, says no one wants him there the mother says I love you son the step father says whatever the kids say goes. The parents of the step father when they owned the lumber company bought 30 acres of land. Then subdivided it. It became a subdivision before the grandpa passed10 yrs ago. His mother now has all the property. Each lot is worth 80,000.00 the grandpa bought it for 4000.00 a piece in like 1977. THis is a Cindafella story.

[jasondbel]

Unfortunately when the boy was 6 the boy talked to the bio father. The bio father asked the boy if he wanted his name changed if he wanted to be adopted the boy not knowing what was going on said yes. The bio grandma has always kept in touch with the boy. Never missed a b-day, christmas, etc. till this day. THe bio father and boy don't talk.

[ScottGem]

I'm confused. You say he was adopted at 6 but turned over to the state at 12? That makes NO sense. Nor does your continued reference as a SEP relationship. If the mother's husband adopted him then he lost any referensce as a STEP child. But if he was adopted then why was he turned over to the state?

Like I said, there are frequently situations where someone marries someone with a child and is forced (out of love for the parent) to adopt the child. This can lead to resentment and the adopted child can often be treated like Cinderella was.

[JudyKayTee]

From what i gathered, when the stepkid was a boy he was told to stay in his room. The parents had three kids back to back. If the step kid was not in his room he was having to take care of the three kids. As soon as the step father came home from work the boy had to go to his room while they played downstares as a family. If the boy came out he was hit then put back into the room. The boy was never allowed to leave the house. He had tostay home from school at lot of times to help watch and clean kids and house. The father owned a business. They were a happy family and as long as the boy shut up and stayed out the way he had a roof. The boy got older 12 and the step father lost the business they went bankrupt and the three new siblings lived a life of struggles while the boy lived in a upper middle class until 12 when the state took him and kept him until he was 18. The boy now a man has never been arrested never done drugs has achieved nice things for himself while the step half brothers and sisters the bio mother and step father are still living from paycheck to paycheck. The half sister has 2 kids at 20 still at home, the half brother is in an out of jail and on drugs and the other half sister has her together she was the oldest of the three and was able to get a dose of upper middle class life. However, the step father still thinks it a white picket fence life. He had his first heart attack because he was racist and his daughter had a black baby. Then another one from a different black guy. He just now excepted it. He works hard to pay his other sons legal fees but he wont stay out of trouble. He is a master carpenter one the best in the area. He builds million dollar homes. The step son is out there working with him from sun up to sun down. His real son is completely oppsite of the step father. His real son wont do a dish still at home at 19 been arrested a few times. The step father has worked so hard to keep them alive after losing everything and his own children will be the death of him. But he loves his kids. They do no wrong. He gives them whatever there heart desires. They are in poverty because his children take take take. The father calls the stepson to borrow a hundred here and there once or twice the step son needed help they didnt have have it. The step sons car broke down they could not give them a ride. The hurricane destroyed the step kids home and they would not let the step son his 2 yr old crash on the floor until they could get a place again because the step kids say he is not our real brother. The step father will let the step son work for him. Sometimes when the half sister or brother gets in trouble the step sons 60 hr work week he says i can't pay you this week b/c brother needs to get out of jail or sister needed a cell phone. The step kid is loved by a lot of people in the community. Made a lot of friends before going to the state at 12. They all tell the step kid why do you even go over there? They hurt you to this day. The step kid replies i have no other family. The bio mother does things to hurt the step kid because she knows there is nothing there for her first born son from a previous marriage and it hurts her so maybe oneday he will leave and never come back. The step kid still goes ove there and does dishes gives money, wants to be part of the family and the half kids still call him names, destroy his stuff, says noone wants him there the mother says i love you son the step father says whatever the kids say goes. The parents of the step father when they owned the lumber company bought 30 acres of land. Then subdivided it. It became a subdivision before the grandpa passed10 yrs ago. His mother now has all the property. Each lot is worth 80,000.00 the grandpa bought it for 4000.00 a peice in like 1977. THis is a Cindafella story.

In my opinion this is not about inheritance. And nobody has a heart attack because a son/daughter has a child by a person of another race - you can get upset if that's your style but a heart attack?

I see issues here far more important than who inherits the estate and the scenario makes little/no sense to me. Assuming it's true that the "stepkid" (which, being adopted, he is most definitely not) has a lot of friends and has made a "good life for himself" - I don't know what this about. No third party knows this much about anything and I assume this is a "venting", "what if" post. And this is "from what I gathered" information?

If the thread really is about Wills and inheriting and children - I will repeat what someone else said (sorry, can't remember who posted this): Your Attorney should advise you to either leave the child a very nominal amount OR state in the Will that you are not "remembering" a certain child for reasons well known to them. This way the whole "He/she forgot about me" question can never be raised. Attorneys phrase a Will this way even when children are the beneficiaries of life insurance policies which do not pass through the estate - the children are not mentioned because they are the beneficiaries of the life insurance!

The circumstances of life do not allow you to either inherit or not inherit - hardship or presumed hardship in life is not an entitlement.

Don't mean to offend and am trying hard not to -