Q: Is a child who has been adopted by her mother's new husband, entitled to her biological father's assets if he has died?
The biological father was not present for the petition to adopt the child. He could not be located, and he was not allowed to see the child for personal and back child support payment before the adoption. He passed away recently. All he had was a motorcycle and a few personal pocessions. We, his parents paid for his cremation and also the title loan that was on the motorcycle. We need to do something with the bike. Thank you!
A:
The adoption should have terminated the parental relationship between the child and bio parent.
If there is no will, then property distribution goes by law. There would be no child due to the adoption of the deceased parent to receive property.
If the deceased parent made a will, then the child could receive property depending upon the provision in the will.
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.