Hermitage, TN asked in Probate for Tennessee

Q: My ex husband has passed away and his estate and probate is pending. My now husband is about to adopt mine and the

deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order

and thereafter. The daughter needs a competent attorney right now, because you have no clue and are about to prejudice her interests.

Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Under Tennessee law, if a parent of a child dies without the relationship of parent and child having been previously terminated and any other person thereafter adopts the child, the child's right of inheritance from or through the deceased biological parent or any relative thereof is unaffected by the adoption. Tenn Code 36-1-121.

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