Does my son or his underage children have rights to his deceased biological fathers leavings after he passed?

I need help on this personal matter. I was married and had a son with my ex-husband, whom I later left due to his alcohol addiction. I was later married to another man who legally adopted my son as his own. Well, my first husband, my son’s biological father, just passed and he has no other children but my son. My son also has 2 underage daughters and his father’s family is saying my son has no rights to his fathers leavings but they are trying to contact his 16 year old daughter saying she has rights because she is his granddaughter but doesn’t that make her unable to have rights as well then as well?

Asked on July 10, 2012 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it generally does.  Once a person has been adopted their rights to the estate of their biological parent terminate.  That would also terminate subsequent classes of heirs, like your grand daughter.  I might speak with ana ttorney in the area to take a look at things.  If his father left a Will giving him a portion of the estate then your son can inherit even if legally adopted by another years ago.  It just means that his father chose to do so regardless of intestacy laws.  And the law supports that.  Good luck.  


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