Q: My mother recently passed without I was adopted by her uncle at age 15. Am I entitled to an equal estate share?
My mother passed away without a will. I was adopted by her uncle at age 15. I do have one sister and two brothers who were not adopted out. We are all over 21. Under revised House Bill 09-1287, subpart 3 Parent Child relationship, because I was adopted by a family member am I entitled to inherit an equal estate share as my siblings?
15-11-119. Adoptee and adoptee's genetic parents. (1) Parent-child relationship between adoptee and genetic parents. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PARENT-CHILD RELATIONSHIP DOES NOT EXIST BETWEEN AN ADOPTEE AND THE ADOPTEE'S GENETIC PARE
(3) Individual adopted by relative of genetic parent. A PARENT-CHILD RELATIONSHIP EXISTS BETWEEN BOTH GENETIC PARENTS AND AN INDIVIDUAL WHO IS ADOPTED BY A RELATIVE OF A GENETIC PARENT, OR BY THE SPOUSE OR SURVIVING SPOUSE OF A RELATIVE OF A GENETIC PARENT, BUT ONLY FOR THE PURPOSE OF THE RIGHT OF THE ADOPTEE OR A DESCENDANT OF THE ADOPTEE TO INHERIT FROM OR THROUGH EITHER GENETIC PARENT.
A: Unless your mother's parental rights were terminated, you should still be a descendent of the deceased. Depending on the nature of will's devises (if a will exists exists), you likely have an interest. You will need to contact an attorney directly to receive a full analysis of your potential interest. Expect to pay for the attorney's time.
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