Does a person whose birth father gave them up for adoption have any rights under his Will?

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Does a person whose birth father gave them up for adoption have any rights under his Will?

Even if biological dad left them out of the Will.

Asked on January 3, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss and for the situation as it now stands.  If you were gven up for adoption then when that happened the rights of your biological parents were legally terminated.  Unfortunately that inludes your right to inherit under the estate of your biological father.  If he had inluded you in his Will then you would have had the right to inherit.  But your absence therein does not allow you to file any claim against the estate.   


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