Chicago, IL asked in Estate Planning, Family Law and Probate for Michigan

Q: What do I need to file with the court when I find out my half sister was adopted out and in wasn't entitled to anything?

I'm going through informal probate. There wasn't a will. my half-sister took me to court a while back and I end up being made personal representative of the estate and I had asked my lawyer to find out if she was adopted and he said he asked her lawyer and he said no she wasn't adopted by her stepdad but then at the end when I went to go close the estate she wanted more money and was going to take me back to court and then I made my lawyer find out if she was adopted or not so he finally went through and ask the courts and found out she was adopted but now I can't get ahold of my lawyer to find out what's going on and what I need to do my father's rights to her were terminated when her mom's husband adopted her.

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.

Whether she's entitled to more money depends on whether she's received her rightful share. Your question does not say whether there is a will involved, and you don't present enough facts to determine what the intestate distribution would be. But if there is no will, her share should be roughly equal to yours.

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