Sunday, December 20, 2009

Adoption and Inheritance Rights

In the comments on the previous post re Customary Adoption, the isue arose about inheritance rights  between natural family members subsequent to termination of parental rights and adoption.  So, here it is per Child Welfare Information Gateway:

    *  Alaska, Idaho, Illinois, and Maine provide for a continuation of inheritance rights if stated in the adoption decree.
(IF STATED - how many mothers losing their rights know what?)

    * In Kansas, Louisiana, Rhode Island, Texas, and Wyoming, an adoption decree terminates the right of the birth parent to inherit from the adopted person, but the adopted person may still inherit from the birth parent.

    * In Colorado, if there are no other heirs, the adopted child may file a claim against the estate of the birth parent within 90 days of the parent's death.

    * Illinois allows the birth parents to acquire from the adopted child's estate any property gained from them through gift, 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 family relationship with the adopted person.

Of course, subsequent to reunion, or knowing the identity of a child you've lost to adoption, they can be included in your will IN ANY STATE.


Anonymous said...

My a-brothers stole my inheritance. They didn't think the bastard adoptee had any right to it. I didn't have the $ to fight it in probate (contacted an attorney and found out his fees), since I was unemployed they got away with the dough.

The a-brother who literally took the money from the bank (same name as a-"dad") makes six figures and works for the aero-space industry in Washington state. He didn't need the money at all. I hate him and the other a-brother who went along with it.

AdoptAuthor said...

How cruel and sad.

Inheritance is a major cause of family divisions - ALL families, not just ones formed through adoption!

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

Russi Today: America television Interview 4/16/10 Regarding the Return of Artyem, 7, to Russia alone

RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

Motherhood, Adoption, Surrender, & Loss

Who Am I?

Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget