Does my son or his underage children have rights to his deceased biological fathers leavings after he passed?

UPDATED: Jul 10, 2012

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Does my son or his underage children have rights to his deceased biological fathers leavings after he passed?

I need help on this personal matter. I was married and had a son with my ex-husband, whom I later left due to his alcohol addiction. I was later married to another man who legally adopted my son as his own. Well, my first husband, my son’s biological father, just passed and he has no other children but my son. My son also has 2 underage daughters and his father’s family is saying my son has no rights to his fathers leavings but they are trying to contact his 16 year old daughter saying she has rights because she is his granddaughter but doesn’t that make her unable to have rights as well then as well?

Asked on July 10, 2012 under Estate Planning, Nevada


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

Answered 10 years ago | Contributor

Yes, it generally does.  Once a person has been adopted their rights to the estate of their biological parent terminate.  That would also terminate subsequent classes of heirs, like your grand daughter.  I might speak with ana ttorney in the area to take a look at things.  If his father left a Will giving him a portion of the estate then your son can inherit even if legally adopted by another years ago.  It just means that his father chose to do so regardless of intestacy laws.  And the law supports that.  Good luck.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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