Do I qualify as an heir?
Get Legal Help Today
Secured with SHA-256 Encryption
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
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 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.
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.