Warner Robins, GA asked in Family Law, Estate Planning and Probate for Georgia

Q: Is my nephew entitled to any of his biological father’s estate if he was adopted by his stepfather?

My nephew’s biological father passed away recently. His name was never on the birth certificate. My nephew was adopted by his stepfather at about the age of three. Does my nephew have any legal rights to any of his biological father’s estate. Also, is he responsible for any financial obligations his biological father had? The biological father died without a will.

1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Estate Planning Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be entitled to any inheritance from his biological father's estate, unless the biological father had made specific provisions for him in a will or other estate planning documents.

Regarding the question of financial obligations, generally, a child who was adopted by someone else would not be responsible for any financial obligations of their biological parents.

In any case, if your nephew has concerns about his legal rights or obligations in relation to his biological father's estate, it is important that he speak with an attorney who specializes in estate law in Georgia. An attorney can review the specific circumstances of the situation and provide guidance on the best course of action.

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