Asked in Probate for Missouri

Q: My father died without a will. He has 5 acres and a house. He has 3 children. When I was 13, he relinquished his

parental rights. An aunt and uncle had legal custody until I was 18. Am I an heir to his estate?

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1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: I'm not entirely clear, without seeing the Judgment, but I tend to think that you are entitled to inherit. Unless you were actually adopted as the legal child of your aunt and uncle, you should still maintain your right to inherit. Often when a parent is unable to handle the responsibilities of raising a child (for whatever reason) a relative may step in and establish guardianship over the child through the probate court. This is not the same as an adoption and it certainly does not disinherit the child. You should consult a probate attorney as soon as possible.

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