Can my brother inherit what was left to him by his biological father? 22 Answers as of March 24, 2014

My brother was adopted by my father. He is from my mom's first marriage. His father terminated his rights. We were just contacted that his father died 4 years ago. My brother was included in his will. Can my brother inherit what was left to him?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
If the will favors him, why not?
Answer Applies to: California
Replied: 3/24/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If your brother was included in his ex-parent's will he can inherit as a result of being a named heir.. regardless of how his apparently the parentage was terminated.
Answer Applies to: Michigan
Replied: 3/24/2014
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
If your brother is named specifically in his birth father's will, yes, he will receive whatever was left to him. If the will just leaves property to decedent's children, then the answer is no, because your brother is no longer legally considered decedent's child.
Answer Applies to: Minnesota
Replied: 3/21/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Yes if he was in the will. Suggest he seek probate counsel right away to protect his inheritance rights.
Answer Applies to: California
Replied: 3/21/2014
Law Offices of George H. Shers | George H. Shers
Sure, if he is named in the Will he is entitled to what was left to him under the terms of the Will.
Answer Applies to: California
Replied: 3/21/2014
    Durham Jones & Pinegar | Erven Nelson
    Any person who was named as a beneficiary or heir under the will could inherit, regardless of relationship to the deceased.
    Answer Applies to: Nevada
    Replied: 3/21/2014
    Frederick & Frederick PLC | James P Frederick
    Yes. A person can leave assets in their Will to anyone they want, whether they are related or not. If the Will is valid, your brother is entitled to his inheritance. There may be additional facts in your case that affect your brother's rights, however, so he should consult with a probate attorney.
    Answer Applies to: Michigan
    Replied: 3/21/2014
    Stephens Gourley & Bywater | David A. Stephens
    If he was in his biological father's will he can inherit as provided in the will.
    Answer Applies to: Nevada
    Replied: 3/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Sure if he is named in the Will as a beneficiary then he can inherit. If he is not named as a beneficiary, he cannot.
    Answer Applies to: Nevada
    Replied: 3/21/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Yes, your brother will inherent because he was named as a beneficiary in his biological father's will. When a child is adopted, it cuts off the legal relationship to the biological parent. But if he is named as a beneficiary in the will, it doesn't matter that they no longer have a legal parent-child relationship.
    Answer Applies to: Ohio
    Replied: 3/21/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If it was left to him in a will, specifically, by name, yes.
    Answer Applies to: Oregon
    Replied: 3/21/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Sure, you don't have to be a relative to inherit from someone!
    Answer Applies to: California
    Replied: 3/21/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    If your brother is a will beneficiary, then the will should control.
    Answer Applies to: Texas
    Replied: 3/21/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    If your brother was included in his biological father's will he would be able to take his share of the estate if that will did not specifically exclude him or exclude "children adopted out." If there was no will, however, your brother could not inherit because the adoption procedure would change his "family line." In other words, the bloodline of the family that adopted him would replace the bloodline he was born into in the biological sense.
    Answer Applies to: Missouri
    Replied: 3/21/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    If your brother is included in the will, then he has the right to inherit what was given to him in the will. Without a will, your brother would not have the right to inherit under Missouri law.
    Answer Applies to: Missouri
    Replied: 3/21/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Why not? You do not even have to be relative to inherit something under a will, and just because you are a relative does not necessarily mean you have a right to inherit under a will.
    Answer Applies to: California
    Replied: 3/21/2014
    James Law Group
    James Law Group | Christine James
    YES! Only as a BENEFICIARY OF THE WILL, not as an heir. GET AN ATTORNEY.
    Answer Applies to: California
    Replied: 3/21/2014
    The Krone Law Firm, LLC | Norman B. Krone
    Yes. Anyone included in a Will may inherit property without regard to a relationship. In this case there is a real relationship!
    Answer Applies to: Florida
    Replied: 3/21/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    As long as it was provided in the will, yes.
    Answer Applies to: Idaho
    Replied: 3/21/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your brother no longer has the right to inherit as a descendant. The adoption removes the right to claim an inheritance as a son once the adoption process is complete, provided the natural parent did not die before the adoption. There are special rules if the adopting parent is a descendant of the natural parent. However, the natural father can make a bequest to anyone under a Will, including your brother. If your brother was named in his biological father's Will then he could claim his share of the estate as granted by the terms of the Will.
    Answer Applies to: Illinois
    Replied: 3/21/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes, he can, since his biological father specifically included your brother in his will.
    Answer Applies to: Nebraska
    Replied: 3/21/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    He may inherit from a will. In fact, anyone can inherit from a will. Each person has the right to leave his or her property to anyone or any institution, even the home for homeless cats.
    Answer Applies to: Missouri
    Replied: 3/21/2014
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