Do I qualify as an heir?

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Do I qualify as an heir?

Hi, I have a probate question about the laws in Colorado. My grandfather passed away several years ago. His second wife step grandmother recently passed away. They had children from separate marriages. My father is listed as one of their heirs. He has been a missing person for over 20 years. My parents divorced when I was very young. My mother had sole custody of me and eventually my stepfather adopted me when I was 11 years old. My uncle contacted me last week questioning the adoption. He said if I had not been adopted then I would have received my father’s inheritance. I received a copy of the will from the county it was filed in. It is a very generic will indicating that their children all would receive equal amounts. Nowhere in the will does it mention their children’s heirs. In Article 8 it said, ‘Except as otherwise provided in this, our last joint will we have intentionally omitted to provide herein for any other relative or any other person, whether claiming to be heirs of ours or not.’ It appears that I would not be a beneficiary but I’m not certain? Thank you for reviewing my question.

Asked on April 19, 2017 under Estate Planning, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Adopted children have the same rights to an inheritance as biological children. Therefore, you are an heir; however, that exclusion provision in the Will you quoted may deny you your inheritance. If that occurs, you should speak with a probate attorney and contest the Will.


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