Can a child that was never legally adopted but raised entire life by non-biological parent recieve inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a child that was never legally adopted but raised entire life by non-biological parent recieve inheritance?
My mother was never legally adaopted by my
grandparents, but was raised and cares for her
whole life by them. New Link Destination
ok care of and been with them
up until their deaths a few years ago. The only other
child they had was my uncle, and he passed away
back in the 80’s. But his kids, that were never really
involved with my grandmother or anything is coming
in and trying to get money from a ‘asset recovery’
company that recently came forth with money that
was found and owed to my grandparents estate. My
mother had power of attorney over my Grandfathers
affairs before he passed in 2011 grandmother
passed in 2005..
Asked on March 11, 2017 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are not a biological child and were not legally adopted, then in the eyes of the law, you were not their child and have no legal right to an inheritance unless it was willed to you (a person can leave money to anyone, child or not, they choose with a will)--and so if there was no will, your mother would not be entitled to an inheritance. A power of attorney is irrelevant: POAs cease when the person granting it passes away, and have no bearing on what happens to their property and assets after death. The depth or degree of the relationship is also irrelevant; an estranged biological grandchild has rights to an inheritance, while a loving person rasied by someone but neve adopted does not.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are not a biological child and were not legally adopted, then in the eyes of the law, you were not their child and have no legal right to an inheritance unless it was willed to you (a person can leave money to anyone, child or not, they choose with a will)--and so if there was no will, your mother would not be entitled to an inheritance. A power of attorney is irrelevant: POAs cease when the person granting it passes away, and have no bearing on what happens to their property and assets after death. The depth or degree of the relationship is also irrelevant; an estranged biological grandchild has rights to an inheritance, while a loving person rasied by someone but neve adopted does not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.