How does a foster child of a family member inherit 50% of an estate held by two members of the family? 17 Answers as of November 10, 2014

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Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Unless a foster child was adopted, he/she would not become a legal heir. A decedent could however have named this individual in his/her Will. Being a legal heir is only important if the decedent did not leave a Will.
Answer Applies to: Minnesota
Replied: 11/10/2014
Ronald K. Nims LLC | Ronald K. Nims
A foster child isn't considered a related for descent and distribution purposes. They will inherit nothing unless they are named in the will.
Answer Applies to: Ohio
Replied: 11/7/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
A foster child inherits only if the deceased left a will or a trust that bequests him the inheritance.
Answer Applies to: Michigan
Replied: 11/6/2014
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the foster child should be specifically named as a legatee/beneficiary in the will/trust to inherit, because a foster child is defined as not a "child" for purposes of the estates and trust rules.
Answer Applies to: Maryland
Replied: 11/6/2014
Durham Jones & Pinegar | Erven Nelson
A foster child would have no rights of inheritance unless the parents adopted that child or mentioned them in a will or trust, or added them to a deed.
Answer Applies to: Nevada
Replied: 11/6/2014
    Zitzmann Law, LLC
    Zitzmann Law, LLC | James Zitzmann
    That person will have to create a will as foster children have no legal rights under succession law. Also, that person could legally adopt the child.
    Answer Applies to: Louisiana
    Replied: 11/6/2014
    James Law Group
    James Law Group | Christine James
    Foster children are not heirs. If the foster children were not legally adopted, they are not entitled to inherit by law. If there is a will or trust that leaves them some money, they should hire an attorney to make sure they get it.
    Answer Applies to: California
    Replied: 11/6/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    There's not enough detail in your question. Was the foster child legally adopted by the decedent? Is there a will? How is an estate held by two members of the family?
    Answer Applies to: Oregon
    Replied: 11/6/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    Foster children generally may inherit through a last will and, in the absence of a will, only if the decedent legally adopted the foster child. Otherwise, foster children generally do not inherit from their foster parents.
    Answer Applies to: Florida
    Replied: 11/5/2014
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Unless there is a will leaving the assets to a foster child, that child does not inherit. Only adopted children inherit without a will.
    Answer Applies to: New York
    Replied: 11/5/2014
    Law Offices of Frances Headley | Frances Headley
    A foster child would inherit only if they are a named beneficiary in the will or trust. You should consult with a probate attorney to review the relevant documents and advise you.
    Answer Applies to: California
    Replied: 11/5/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A foster child must be adopted to inherit by descent and distribution. Alternatively, a foster child could inherit by being named as a legatee under a Will.
    Answer Applies to: Illinois
    Replied: 11/5/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Either by Will/Trust or if legally adopted and being one of two children.
    Answer Applies to: California
    Replied: 11/5/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Assuming that the foster child is not actually a relative of the deceased by birth or adoption, the only other way I can think of is that the deceased left a will stating that the foster child was to inherit part of the decedent's estate. It is also possible that the inheritance was the result of previous court action that directed part of the estate to be left to the child, but this is extremely rare.
    Answer Applies to: Nebraska
    Replied: 11/5/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The foster child would need to be named in the Decedent's Will as a beneficiary. The foster child does not have intestate rights in Nevada.
    Answer Applies to: Nevada
    Replied: 11/5/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    That's an incredibly vague question. Generally, individuals(s) can leave their estate to whomever they wish. So maybe the foster parents wished to leave 50% of their estate to their foster child and wrote wills that provided for that. The question is just asking for speculation.
    Answer Applies to: Illinois
    Replied: 11/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    A foster does not inherit from the estate since they are not family.
    Answer Applies to: Washington
    Replied: 11/5/2014
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