If my husband that his biological father died recently but he was adopted by his stepfather at age 16, could he still inherit?

UPDATED: May 29, 2012

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If my husband that his biological father died recently but he was adopted by his stepfather at age 16, could he still inherit?

We don’t yet know if there was a Will. His father died 3 months ago. Should he get in touch with the local probate court or should he find an attorney?

Asked on May 29, 2012 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If your husband was adopted by his step father then under intestacy (the laws that govern when you die without a Will) his right to inherit from his biological father's estate would have been terminated.  However, if his biological Father died leaving a Will and named him in the Will leaving him an inheritance then he can indeed inherit. So you can look at the probate file (it is a public record) and see.  He should have been notified.  Good luck.

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