If somebody lied and pretended to be my birthparent would I be entitled to the rights a real daughter would
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If somebody lied and pretended to be my birthparent would I be entitled to the rights a real daughter would
This woman raised me from age 1 telling
me and everybody else she was my
mother. Now she has died and the things
she said would belong to me and my
children are being kept by her sister
because she’s not my birthmother and
didn’t adopt me.but my kid’s and I have
had nobody else in our lives but her as
a mother/grandmother. I was her only
child
Asked on July 10, 2016 under Estate Planning, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, only biological and/or adopted children have inheritance rights (and even they can be disinherited in a Will). This is true even if the deceased held themselves out as a person's parent. While the law in some states still recognizes common law marriage when a couple holds themselves out as married but hase no a formal marriage license, there is no such thing as comon law family. Either this woman was listed as your mother on your birth certificate or was listed as your other on adoption paperwork. Accordingly, the terms of her Will prevail or, if she died without a Will, state "intestacy" law controls. This would mean in your case that this woman's legal heirs inherit; here her sister assuming no other siblings.
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