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How do I go about proving inheritance rights if I'm adopted?
I was adopted by my parents when I was seven years old, my siblings are much older than I was. We all got along fine until some issues came up regarding my father’s medical care. Now my siblings are not speaking to me .I am afraid they will make sure I do not get anything from my father’s estate now that he is dead. He died without a will. How do I go about proving inheritance rights? Will the IRS tax those inheriting the estate more because my father died without a will?
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How do I go about proving inheritance rights if I'm adopted?
I was adopted by my parents when I was seven years old, my siblings are much older than I was. We all got along fine until some issues came up reg...This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Answers (1)
Depending on the size of your father’s estate and whether or not he did any other estate planning, it is possible that you will pay higher probate taxes. The IRS does not begin to tax estates until they are over the three million dollar threshold. Children who have been legally adopted are treated no differently under the laws of intestate succession than natural born children. As a beneficiary under your father’s estate, you have a right to see any papers filed on your father’s estate and have copies. Notices that the estate is being probated also have to be published in local papers. You should contact the court that handles probate matters in your jurisdiction to get information about proving inheritance rights.
If your siblings do try to block your rights to your share of your father’s estate you may need legal counsel. Consult an attorney experienced in wills and probate to help you protect your rights.
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Posted by Edith Hull on 12 Mar 2010