Do the children from a previous marriage have rights to their deceased father’s estate?

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Do the children from a previous marriage have rights to their deceased father’s estate?

These children were given up for adoption the stepfather adopted them, last name was changed to his name, birth father gave up complete rights. The Will of deceased biological father specifically states that no parts are to go to his previous children. All is to go to his current wife. Do these children from previous marriage have any rights to his estate given that they stepfather adopted them, the father gave up legal rights and also specifically excluded them from the Will?

Asked on July 17, 2019 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A parent may disinherit their children. Therefore, if this father specifically left them out of his Will, then that wish will be honored. Bottom line, they have no inheritance rights.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A parent may disinherit their children. Therefore, if this father specifically left them out of his Will, then that wish will be honored. Bottom line, they have no inheritance rights.


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