If somebody lied and pretended to be my birthparent would I be entitled to the rights a real daughter would

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption