Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.
Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption as a minor?
A:
Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological parent is a spouse of the adopting parent.
When a minor is legally adopted in California, this adoption is indeed recognized as a "legal adoption before the age of majority." Once all the conditions for a legal adoption are satisfied, the adopted individual gains all the legal rights and privileges associated with being a legally adopted child. This includes the right to inherit from the adoptive parents as if they were a biological child.
Conversely, the adopted individual generally loses the right to inherit from their biological parents unless, as mentioned, the adoption is by the spouse of one of the biological parents. It's important to note that these inheritance rights take effect from the time of the adoption and do not have retroactive impact on actions or rights that occurred before the adoption.
If you are considering adoption or have questions about the legal implications, it may be beneficial to consult with an attorney who can provide guidance tailored to your specific situation. Adoption law can be complex, and professional legal advice can help ensure that all aspects of the process are handled correctly and in the best interests of all parties involved.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
