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.
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.
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.
