If my husband that his biological father died recently but he was adopted by his stepfather at age 16, could he still inherit?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 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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