If I was my mother’s natural child but she remarried and they adopted my brother, does my brother inherit everything since there is no Will?

My stepfather died after my mother.

Asked on August 27, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, in this case, your brother would inherit everything when your mother passed, her estate--what she owned--went to her husband, your stepfather when he died, the estate would go to his children, which means your brother, whom he adopted adoped and biological children are treated the same for this purpose. However, being a stepchild is not a legal relationship and does not convery inheritance rights, if you were never adopted by him, you would inherit from him.


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