Charlottesville, VA asked in Family Law, Adoption and Estate Planning for Virginia

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!

1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Family Law Lawyer
  • Vienna, VA
  • Licensed in Virginia

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.

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