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reverse adoption?

On Lawyer & Legal » Family Law

2,939 words with 4 Comments; publish: Thu, 21 Jul 2005 21:26:00 GMT; (800156.25, « »)

The state is: The state is: Ohio

My father adopted my mothers daughter of a previous relationship when they married some 40 years ago. She (the daughter) has been a nightmare eversince and my father and her have had no interaction for 30+ years. She is now threating to sue, upon his death, to recieve at least half of his estate since she still bears his name. Can he revoke the adoption? Is there anything that can be done to solidly protect his estate from her?

Thank you!

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  • 4 Comments
    • A parent, either by biology or adoption, is NOT obligated to leave any inheritance to anyone. If they have a PROPERLY drafted and executed will, and their assets are held in a way that does not defeat their intent, their estate will go where they wish. It is very important to have an attorney know his wishes, have her disinherited correctly in the will, and also to have a fileable copy of the will where it can be found when needed.
      #1; Fri, 22 Jul 2005 08:00:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state?What is the name of your state? Ohio

      My father adopted my mothers daughter of a previous relationship when they married some 4 years ago. She (the daughter) has been a nightmare eversince and my father and her have had no interaction for 3 + years. She is now threating to sue, upon his death, to recieve at least half of his estate since she still bears his name. Can he revoke the adoption? Is there anything that can be done to solidly protect his estate from her?

      Thank you!

      He just makes sure he needs to make a will and he can state what, if anything she is to receive.

      I know of a situation similar to that. The adoptive parents stated the adoptee was to receive nothing. Upon both their deaths the lawyer stated he was to inform her but that because of the wording she had no claim.

      #2; Thu, 21 Jul 2005 23:20:00 GMT
    • Quote:
      === Original Words ===

      A parent, either by biology or adoption, is NOT obligated to leave any inheritance to anyone. If they have a PROPERLY drafted and executed will, and their assets are held in a way that does not defeat their intent, their estate will go where they wish. It is very important to have an attorney know his wishes, have her disinherited correctly in the will, and also to have a fileable copy of the will where it can be found when needed.
      Absolutely. She can sue all she wants, but with a properly written will, she will get nowhere. Some states will even allow people to state in their will that if someone sues, that person receives nothing.

      He needs to see an attorney and get a will...a trust would work quite well too. A little more expensive than a will, but possibly worth it.

      #3; Fri, 22 Jul 2005 13:31:00 GMT
    • Thank you all very much. That was very helpful!
      #4; Sun, 24 Jul 2005 08:20:00 GMT