Q: Adopted children part of probate. How to get the court to have them prove it!
I am an heir to my fathers probate, no will. I have two blood sisters that are also heirs. My father remarried and the new wife had quite a few kids. There are two other people listed on my fathers probate as “adopted children”. My father never told me he adopted these two people. My question is how can I make the court ask these two people to prove they are adopted? We have our final hearing coming up 8/1.
A: The first thing you may want to try is going to the courthouse in the County where your father and his wife lived, and search the case files on the court’s database to see if there is an adoption case in your step-siblings’ names. Some courts’ records are online and others have an app, so you can check those from home. But our government is generally behind the times, which is why I suggested you go in person to check. (For example, in Monterey County, they save real estate deeds on microfiche. You may be too young to have heard of that, but suffice it to say it’s incredibly outdated technology!) Back to your question, if you are almost at the final hearing, that means the case has been pending for a year or more. Has the adoption issue been raised thus far? If you don’t know, you’ll want to find out because, if the judge already ruled on that issue, the judge will not appreciate having it raised again. Talk with your lawyer or hire a lawyer to help you raise it through a Motion or speak to your step-siblings’ lawyer to ask for the proof outside of court. Best wishes!
A: If the would be heirs do not have certified copies of post adoption judgment birth certificates, then they were never adopted. Subpoena Duces Tecum them to Court with those documents or an adoption judgment.
A:
In a probate case, you can file a petition with the court to challenge the status of the individuals listed as "adopted children" in your father's probate. This petition would request the court to demand evidence or documentation proving their adoption. The court will then evaluate the evidence presented by both parties before making a determination on their status as adopted children for inheritance purposes. It is crucial to act promptly and seek legal counsel to ensure the proper procedures are followed during the final hearing on 8/1.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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