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 9 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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