We do not deal with those matters directly. Comment by Ian Barnett posted on on 19 February Adam My uncle passed away last year, my brother and I were named executors, unbeknown to me! I am applying for probate. A solicitor has stated that as the property, As a tenant in common basis, has to have the executor name applied to the title deed, and that 2 executors are needed?.
Ian - apologies but it is unclear as to how the proeprty has been registered. Comment by Heather posted on on 21 February My mother in law has just died. She owned a registered property together with her husband, her son my husband and me as tenants in common.
She has left her share in the property to her husband in her will. My husband and I are executors and are applying for probate. What do we need to do to transfer her share to her husband please? Comment by AdamH posted on on 21 February Heather - I am sorry to read of your recent loss. If you have applied for probate on the understanding that you need it to deal with the property then that is mistaken.
It is not required as the legal ownership has passed to the three of you as surviving joint owners. Thank you for your advice. It seems simpler than we thought but we do need to apply for probate in any event to deal with some other assets. Comment by Adie posted on on 21 February Hi, I know someone who lives in the family home.
She is an only child and both parents are deceased. The property is still in parents name. She is on a very low income and has no savings. Is this true? If so, could you tell me what the form is called and where I might find it please? Comment by AdamH posted on on 22 February Adie - work through our short guide on what to do and the guidance then links you to the forms needed.
It is a postal applicaiton and there is a registration fee I'm afraid for when the forms are submitted. She will also need probate. Comment by Phil posted on on 22 February My mother and father owned a property as tenants in common. My father recently passed away and my mother is the sole beneficiary in his will. What needs to be done to transfer registration and ownership to her. I am the executor and am obtaining probate.
Phil - I'm sorry to read of your recent loss. The legal ownership passes to your Mother as a result of his death so form DJP can be used to update the register. That is submitted along with an official copy of the death certificate.
There is no fee. Comment by Nik posted on on 22 February Hi just needing some help here. My mother owns her house as tenants in common with her now deceased husband not my father. His half of the property was willed to his children on his death 3 years ago with her being able to live there for life. She now wants to sell and move into sheltered rented property which seemed quite straightforward but now one of the beneficiaries may want to buy it. I presume they would have to pay her half of a market valuation.
She needs the money from a sale to pay the rent. Am I missing anything here? I don't want her to be worse off or encounter any delay. They didn't get grant of probate as his executors and I don't know if anything else was done at the time of his death but we need to move quickly now. It hasn't been put on the market yet but we were in the process of doing so before this arose. Comment by AdamH posted on on 23 February The tenenats in common aspect relates to the beneficial ownership. If that has been protected on the register with a form A restriction then your mother would need to appoint someone else to act with her on any sale.
Comment by Nik posted on on 23 February Thank you Alan. We're not worried about inheritance tax, it's below threshold. They were tenants in common and we were just more concerned the other beneficiaries could dictate terms and value - but after reading online into the night? So if one of the beneficiaries wishes to buy, she still remains in control of the sale, including the price.
We will, of course, be instructing a solicitor to oversee everything on Mums behalf and I understand they can also act as the trustee. Thank you again for taking the time to reply. Nik - that is correct as the children's interest are in the beneficial ownership, so the value if you like. She can sell but needs someone else to act with her and that someone does nto have to be an interested party. Do rely on your legal advice here though. My father in law has died and the property title is registered in his sole name.
He resided in the property with his wife who is the sole beneficiary and has received grant of probate. Does she now have to register herself and remove her husband from land registry? Does this need to be done even if she is going to sell the house? Jill - if the property is to be sold then a buyer will normally be happy to rely on the probate to confirm the owner's death and the executor's legal authority to sell.
Comment by gill posted on on 23 February Hello, my late husband owned a piece of land and when he died i did not change the registry. I have just agreed a sale on this land to a friend and we want to transfer the title. Please can you tell me if I just need to use form TR1 and AP1 and whether I put his name as the proprietor or my name, or his name and and a note about me.
Or is it proper to just put his name? Should I include the death certificate and probate documents? Comment by AdamH posted on on 26 February You would complete the form TR1 by referring to [your name] as personal representative of [his name]. We will need an official copy of the probate. Comment by gill posted on on 28 February Thank you for your reply, that is useful information below, I will put both our names on as you state below.
Comment by AdamH posted on on 28 February Thank you, just a last thought. Do we need both our names on the AP1 too or would that be me or my husbands? Gill - the AP1 form is for the application to register the Transfer. If oyu are applying then you would put your details as the person lodging it.
The applicabt would be your neighbour as he is buying the land. My mother has inherited a property not the residential home following the death of my father. I am a joint executor. We are still awaiting probate. The property is not registered. She has been made an offer for the property. Once probate is granted do we need to register her as the owner of the property before we can sell it? Or is it possible to register the property in her name and also transfer to the new owner all at the same time?
We are concerned that, if she doesn't ever appear on the register as the owner of the property there could be a situation whereby the Estate has sold directly to the buyer. LAPT - whether there is a 'need' often depends on your buyer or their lender. Some may ask for it to be registered first whilst others may be happy to buy and register it themselves. It would be rare to 'register the property in her name and also transfer to the new owner all at the same time' but that is still possible.
Comment by LesleyB posted on on 23 February My aunt died recently without leaving a will. There are 8 beneficiaries to her estate, and the property is to be sold as soon as possible. I have the originalLand Registry Certificate whoing my aunt as sole owner. Do I have to get the document changed to show as a deceased estate, or do I just need to fill in forms at the time of sale to transfer the deed.
Comment by Rob posted on on 24 February Rob - that is very much up to you, your siblings and Mum as to how vest to protect each interests. We register the legal ownership and third party interests inc trusts can also be protected but we can't advise you on what the best option is for each of you. Comment by dave shepherd posted on on 27 February They both lived apart but were still married and so when he recently died, my sister registered with Land Registry along with the death certificate that his share should be transferred to my mother as sole owner.
However, after she received a letter from L. Does she have any right to his share if the house was transferred to my mother as a whole? Dave - the property will not have been transferred to your Mother in the way suggested. The application will have noted your Father's death only. When joint owners are registered and one dies then the legal ownership passes to the surviving owner.
The tenants in common aspect relates to the beneficial ownership and how that is shared. If your Father left his share in that to someone else then it is legal advice you need as to how it is protected and if necessary extracted at some stage form the value of the property for example.
Comment by Mike Mahoney posted on on 28 February My father recently died. He was joint owner with his wife and his mother in law. My grandmother died in but no change to ownership is apparent. Is there somewhere I can check this. I have the original land certificate. I now want to use form DJP to remove my dad from the register. Will my grandmother be a complication?
Comment by Bob Billingham posted on on 03 March My wife and I are named as the beneficiaries in my late mother in laws will. My mother in law left her mortgage free house to us but it still had her late husband, who died in , on the deeds.
We have had probate granted and completed the AS1 form so is it a case of just sending the completed AS1 form, appropriate fee and a copy of my Father in laws death certificate to get the deeds transferred into our joint names? Can we do this ourselves and not use a solicitor? Comment by AdamH posted on on 05 March Bob - that is correct and you will also need form AP1 if the property is already registered.
Comment by Lee posted on on 04 March However HMRC or legal advice are the best sources of assistance here. Comment by John Baker posted on on 04 March My mother and father jointly owned their house and when my father died 5 years ago, in his will he left his half share jointly to my sister and me.
We have done nothing about this because my mother still lived in the house. She has now moved into a care home and we want to sell the house. Do we now need to transfer our half of the property into our names before we do this? John - if the property was registered in their joint names then the legal ownership has passed to your Mother. Your Fatehr left you his share of the beneficial ownership it seems. As any sale relates to the legal ownership then as things stand your Mother can sell and you then split the sale monies as appropriate.
Comment by alkesh raja posted on on 06 March Hi my neighbour has recently passed away with no next of kin however left me a gift which was his house as I was there for 35 years helping him what do I need to do as I've been asked to carry out funeral arrangements but the house has not been transferred to me yet please advise thank you. A copy of the letter granting me the gift was also found by the police at the house.
Comment by AdamH posted on on 07 March Alkesh - it's legal advice you need here but the first step is to apply for probate so you can deal with the estate. Comment by Mike D posted on on 07 March I am interested in purchasing a vacant property and land that has been vacant for many years without a roof, however I believe the owner is now deceased and has been since The title register on the Land Registry still lists the deceased person as the owner of the property even though I believe he passed away in After doing some research I have also found out that the deceased owner of the property was sent to jail for a number of years in and I am unsure if he passed away in jail or was released and then passed away.
If it is possible, how would I go about purchasing this if the listed owner on the Land Registry is now deceased? Or, Is there any way for me to find out if another relative has claimed the property or if it is now owned by the state? Mike D - if the owner is now deceased you should start by trying to identify next of kin. If the owner died intestate so no relatives and no will then the porperty can pass to the crown and you would then contact the Treasury Solicitor.
Comment by Mia-K posted on on 07 March I have a TR1 form transferring land from my mother to me. Do I need to register the transfer before I sell the Land? Mia K - very much up to the buyer and their solicitor I suspect.
Comment by RichardD posted on on 08 March My mother-in-law recently passed away and we are in the process of applying for probate. We have discovered the house is a leasehold and that the lease expired 11 years ago, despite continuing to be asked to pay ground rent. Having contacted the agents for the landlord they are asking for us to clear the property and hand back the keys no next of kin will be living there. Do they have the right to do this or is there any way we can challenge to get the lease extended and then sell the property?
Comment by ianflowers posted on on 09 March Sorry to hear of your loss and of the difficulties you have experienced. We essentially have an administrative role in registering ownership and other interests in land based on the applications made to us.
We cannot therefore advise on the legal position regarding the leasehold title, that is something to consider checking with Citizen's Advice or a conveyancer such as a solicitor.
Comment by vicki posted on on 09 March My brother and I are co executors of my deceased mothers will. We wish to sell the house and have been informed by our solicitor that the land was never registered and that we should do this before selling the property. I understand it may not be necessary, but we wish to do so anyway. Eternally grateful for any advice on this. Vicki - I am sorry to hear of your loss. If you are still unsure how to proceed, you may want to consider getting independent legal advice, for example, from a solicitor who can lodge the application on your behalf.
Thank you so much for your reply. I shall have to contact your department by telephone as I need to be clear exactly which forms are needed. Our solicitor sent us application forms to fill in as owners of the house - which he knows we are not. I queried this 3 weeks ago and have as yet had no reply from him. We have not yet signed the certification of instruction as we are not satisfied with the lack of communication and are considering doing this ourselves.
My parents own their house as tenants in common. No trusts are in place. I am executor and have POA. In their mirror Wills each left everything to the other. On the first death will the property automatically go to the survivor as no other wishes are stated in the wills even though they are tenants in common?
Comment by AdamH posted on on 13 March DFTO - we rrgeister the legal ownership so where you have joint registered owners the legal ownership passes to the surviving joint owner. When a joint owner dies it is best to get legal advice to cover all aspects. Comment by Jason posted on on 14 March My father passed away in , and my stepmother is still living in his house.
The house is in his name still, and the terms of the will stipulate it was to pass into a trust, benefitting her as primary objective and my sister and me. Am I correct in thinking that without agreement from my sister and me as co-trustees along with our stepmother , the house will remain in our father's name until a resolution is reached? Is there any way ownership of the house could pass to her without the consent of my sister and me?
Many thanks. Comment by AdamH posted on on 15 March Jason - if the property was in his sole name then probate is the key here as that is what gives someone the legal authority to then deal with, for example transfer, the property. So the house could only pass to her if the executor transferred it.
Comment by Darren posted on on 06 May My father passed away last October , I have been informed by my brother that I am named in the will and that he applied to be executor and for probate and is also named in the will , as we don't talk even though he is executor and I believe I should be kept informed legally I am not. I have found out that my late fathers house has been sold and all his belongings are with my brother including some that my father said I could have.
Also am I untitled to be shown bank account details when these were closed. Your help will be much appreciated Darren. Comment by AdamH posted on on 09 May The issues however relate to how the executor has then dealt with the estate and what access you, as a beneficiary, should have to the will. Comment by Clyde posted on on 15 March My parents owned their house outright on a 'Tennants in common' basis.
The house is not currently registered with the land registry. Does the house now need to be registered? If so, who's names need to be registered as the owners my mother as the remaining legal owner or is it also neccessary to include myself and my siblings as trustees of my fathers will trust? Clyde - if the property was owned by the two of them then the legal ownwership has passed to your Mother.
If that is to change, for example she is to transfer it to the three of you, then that will trigger the need to register it for the first time. Whether it should remain in her sole legal ownership or be transferred is not something we can advise you on and it is very much something you should each take legal advice on. Whilst we know there are a few options to consider we are not part of that consideration process as we register the outcome rather than the reason s behind it.
Adam, Thanks for a succinct straightforward reply - just what I was looking for - no requirement to register until title is transferred i.
Comment by Miss J Stubbs posted on on 16 March Should I actually have some documentation with our names on to show proof of ownership? Comment by ianflowers posted on on 16 March There is a difference between the legal ownership which is shown in the title documents and a 'beneficial' share in the property which may be inherited when someone dies.
The key thing is whether your late grandfather was sole owner of the property and, if so, what arrangements were made at the time to transfer the legal ownership, following grant of probate. It might also be useful to make sure the title documents you have are up to date. If you're unsure how to proceed, you may want to consider getting independent advice, for example, from Citizen's Advice or a solicitor such as a conveyancer. Comment by Richard Farrington posted on on 16 March My father died in Jan 12 weeks before his death my mother and father made mirror wills and changed the house to tenants in common from joint tenants and put it in trust with her and my sister and Brother in law as trustees and executors.
No probate was done. Was probate required on my Dads death and was the house required to be valued after my mothers death or can the solicitor decide the value for the probate.
Richard - if they were registered as joint legal owners then the legal ownership will have passed to your surviving Mother and probate would not have been needed to deal with the property.
We do not deal with probate issues so I would recommend seeking some legal advice from a solicitor familiar with probate for answers to your other questions. Comment by Jason posted on on 16 March What would happen if the ownership was shared by a divorced couple and one of them died? What happens to the deceased's share assuming there is no will? Jason - we register the legal ownership so if they are joint registered owners that legal ownership passes to the survivor. When people refer to 'shares' they normally mean the beneficial ownership and that would be something you woulod need to get legal advice on to check what claim the deceased's estate would have on their share for example.
Comment by Sharon Deackes posted on on 17 March My parents owned their house outright as tenants in common. The solicitors renounced as executors and I took over, I was advised not to do anything about the property at that time and the rest of the assets didn't warrant probate. Now my father has passed away this month and once again the solicitors are renouncing in order for me to become administrator.
I will be applying for Letters of Administration. Do I need to register the property before selling? Will I now need to apply for Letters of Administration for my mum's half as well? Is there a form I need to use to notify LR and does the property have to transfer to my name before selling?
Sharon - you cna sell an unregistered property so it's likely to only be something the buyer considers. Some may be happy to buy and register whilst others may ask you to do so first before they then buy.
The legal ownership passed you your Father on your Mother's death so you should not need probate. You would need a copy of her death certificate though. If you decide that you do wish to register it first then our Practice Gudie 1 explains what is required. Comment by Jason posted on on 18 March Adam - thank you for your response. From memory the trustees together act as executor, since the house is the only asset everything else was in joint names , and probate was granted in The house is still registered in our father's name, and the will is very clear that the house should pass into a trust, rather than being directly inherited by any one party.
Is there any guidance on how long a property can remain in the ownership of someone who is deceased? Jason - no as it can be indefinite as the only time that changes is when the next step is taken whether that is to transfer to a new owner on sale, a beneficiary etc or simply to register the executor for example in that capacity.
Hence you get some properties remain in the family for decades but nobody actually transfers the legal ownership. Comment by Brenda posted on on 19 March Hi, I need help as to what I need to do. My Husband has passed away, we are tenants in common. We were advised that when we done our wills, we should have Trustees to protect the children's inheritance.
I need the sole proprietor restriction removed. I'm getting conflicting information and I am so confused. The Trustees are myself, son and daughter. They have both said that they will do a statement of truth so the restriction can be removed. Is this is what is needed to have the restriction removed? Comment by AdamH posted on on 20 March Brenda - these things can be confusing especially at times such as these and I am sorry to read of your loss.
If the property was in your joint names then the legal ownership has passed to you and you do not need probate in relation to your dealing with the property.
Form RX3 and ST5 are the correct forms for an application to remove a form A restriction from the register - our Practice Guide 6 section 7 explains this in more detail for you.
Comment by Brenda posted on on 21 March Hi AdamH, Thank you for your reply. What evidence is required on the RX3 - question 9 and the ST5- question 3?
Once these forms are filled in, will the sole proprietor restriction be removed? The mortgage lenders can not go ahead with the mortgage until the sole proprietor restriction has been removed. I spoke to the WILL writers than wrote our WILL's, but unfortunately they were not very helpful and said the restriction can not be removed because of the Trustee's myself, my Son and Daughter , so this is why I am so confused with it all. All I'm trying to do is cover the shortfall of the mortgage and keep a stable home for my two little boys.
Comment by AdamH posted on on 21 March Brenda - my reply confirmed that if it was in their joint names then probate is not required to deal with the property.
We cannot advice you any further than that so if you remain unsure then it is legal advice you need. The restriciton will prevent a mortgage by the sole surviving owner as your lender advises. And it will have been entered to protect the trust you refer to so it's doing the job as intended. As such it is again legal advice you need to discuss what alternatives exist. For example you may be able to appoint someone else to act as a co-trustee and transfer the legal ownership into your joint names.
You could then both secure a mortgage as there are then two of you involved and not just you. Veyr much something you need legal advice on though.
Comment by Alan posted on on 20 March Hi, my father passed away in his will he left his house to my sister and myself , we both agreed she could move in , what needs to be done for her to buy me out? Alan - we don't deal with the 'buying out' aspect directly so I would recommend seeking legal advice. Comment by Vivian posted on on 25 March My late husband and I proprietors of a property with with the Title held as Tenants in Common.
He passed away 4 years ago. I want to sell the property as we are foreigners and I don't plan to stay in the UK any longer. Or can I assign a Trustee during the sale? Comment by AdamH posted on on 26 March Vivian - when you come to sell the buyers will check the registered title to confirm your ownership. If it's in your sole name they will not need to confirm your late husband's death.
If you do not update the register then they will ask and you would need to provide a copy of his death certificate. If there is a form A restriction on the register, and many tenants in common have such a restriction registered. Comment by Gary Rhodes posted on on 25 March Gary - that's correct as per the details provided in the article.
No ID1 needed if you are the named executor and beneficiary. Comment by Gary Rhodes posted on on 26 March Comment by Louise posted on on 26 March I have letters of administration for my late mother estate. There are 3 beneficiaries 3 daughters of which I am 1. My eldest sister has bought my middle sisters share of the house and we have a certificate for stamp duty.
I now need to register the property in 3 names, mine, my eldest sister and her husband. Is that an assent or an assent and transfer? An Assent is where you are transferring to the beneficiaries only. Comment by Simon posted on on 27 March My partner's father died recently and she was named as joint trustee in the will.
Her father's will states: ".. I give my property My Trustees shall permit my wife Is it not the case that he can only pass on his half of the property to the trustees, and therefore the property becomes jointly owned by the trustees and his surviving wife? Simon - this is covered in several of the earlier comments and replies below. We register the legal ownership which if jointly owned passes to the survivor. As you already aprpeciate you can have a share in the latter but the legal ownership is always treated as a whole.
The legal ownership will only change if the surviving owner transfers it to herself and whoever. But very much something to discuss and consider with legal advice. Comment by Alan posted on on 27 March Hi Adam My Father bought a house with his girlfriend in , and they quickly separated 89 and he married my Mother.
They then went through a process to have the girlfriend removed from the land registry legally etc, however they subsequently divorced in 95, and the notice of rights under the matrimonial homes act was in favour of my Mother.
Since then my mum went through the legal process to have her as the sole proprietor on the proprietorship register , on the title absolute, and on the land registry it clearly states her name only as the proprietor. My Father has since passed away, and my mum has since completely paid off the mortgage. She is attempting to remortgage her property but has been told by the solicitor that there are "restrictive convenents" which means she's unable to do this purely based on the land registry document.
The solicitor is looking into this with the land registry, who have advised that my Father's death certificate will be enough for the land registry to remove the restrictive covenants, and proceed with the remortgage.
We are worried however that for some reason the restrictive covenents might still be to do with the girlfriend. How likely is this and what can we do if this is the case?
Basically the mortgage offer is due to expire in two weeks, and the Land registry have advised they will take one week to reply so we're just extremely worried and nervous they'll come back with bad news and we won't have time to react. Comment by AdamH posted on on 28 March I'd recommend speaking to your solicitor to confirm and then relying on their advice. I'm afraid we can't really add anything via a blog comment re a specific application which is clearly the subject of some discussion bewteen us and the parties involved.
Comment by Alan posted on on 29 March Thanks Adam, Apologies I have since looked into this and I wasn't clear in my first message apologies. It isn't the covenants it's actually a "Notice of Home Rights" restriction. Could this still be on there from the girlfriend with whom he purchased the property despite her being written off all that time ago, and now the land registry showing my mum's name as a the sole proprietor?
Thanks so much. Comment by ianflowers posted on on 29 March Alan - I'm replying as Adam is currently unavailable. Home rights notices are open to a husband, wife or civil partner so it wouldn't seem to relate to the girlfriend, but difficult to say without seeing the title record.
If you're happy to provide the house number and post code we'll check it, but I regret we won't be able to do this until Tuesday after the Easter break.
Typically, the primary heir is the person's spouse. In some states, the spouse shares the estate with the children of the deceased. This may depend on whether the children are issue of a prior relationship.
When there is no surviving spouse, the children are the primary heirs. If there are also no children, parents and then siblings stand to inherit. Next, you must prepare heirship affidavits , which detail the names of all heirs you identified in the previous step.
Two parties who do not stand to inherit but are familiar with the family and family lineage must sign these documents as witnesses. These affidavits must be signed before a notary public, who notarizes the documents. Prepare the deed transferring ownership from all the heirs to the new owner. You must include a declaration that the signers are all heirs of the deceased. A word of caution: this can only be done if all heirs are legally of age and of sound mind.
The deed must contain the proper legal description of the property. All heirs must sign the deed, and a notary must witness the signing. The heirship affidavits along with the signed and notarized deed must be filed with the land records department in the county where the property is located. If you are selling the home to distribute the funds to the heirs and the estate needs to go through probate, follow these steps.
The first step to transferring the property to the rightful new owners is to open up a case in probate court. You must first file a petition for administration of the estate in the county where the property's owner lived before they passed away.
A relative or attorney may file this petition on behalf of the family. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Intestate succession laws control who inherits property if no will exists. First, it's important to understand that many kinds of assets aren't passed by will, such as: life insurance proceeds real estate, bank accounts, and other assets held in joint tenancy, tenancy by the entirety, or community property with right of survivorship property held in a living trust funds in an IRA, k , or retirement plan for which a beneficiary was named funds in a payable-on-death POD bank account stocks or other securities held in a transfer-on-death TOD account, and real estate or vehicles held with a transfer-on-death TOD deed or title document.
Who's in Charge? Who Gets What: The Basic Rules of Intestate Succession Every state has laws that direct what happens to property when someone dies without a valid will and the property was not left in some other way such as in a living trust. Understanding Key Terms in Intestate Succession Intestate succession laws refer to groups of people such as "children" and "issue. Spouse To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death.
Legal separation or pending divorce. If the couple had separated before one spouse died, or if one person had begun divorce proceedings, a judge may have to rule on whether or not the surviving member of the couple is considered a surviving spouse. Common-law marriage. A few states allow common-law marriages in which a man and a woman who never went through a marriage ceremony can be considered legally married under certain circumstances.
Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married. Check your state's law to see whether your state recognizes common-law marriage and, if so, under what circumstances. Same-sex couples. After a long period of uncertainty, same-sex marriage is now legal in every U.
Married same-sex spouses also have the same rights and responsibilities as all legally married people. This includes the rights that come with qualifying as a surviving spouse. In contrast, depending on the state, couples who are registered domestic partners or civil union partners and not married may not have all of the rights and responsibilities as married people.
Further, some states automatically converted registered domestic partnerships or civil union partnerships to marriages. So whether you qualify as a surviving spouse will depend on the legal status of your relationship and your state's law.
If you have any questions about the legal status of your relationship in your state, get help from an attorney who is knowledgeable about this area of law.
Children and Issue The simple term "children" can mean different things to different people -- and under different laws. Adopted children. In all states, in the absence of a will or other estate plan, legally adopted children inherit from their adoptive parents just as biological children do.
Most states do not include stepchildren children of the spouse of the deceased person who were never legally adopted by the deceased person in their definition of children for purposes of inheritance. In a few states, however, it may depend on the circumstances of the relationship. Foster children. Foster children do not normally inherit as "children" of the foster parents. Children adopted by an unrelated adult or family.
In most states, placing a child for adoption severs the legal tie between the child and the birth parents. The child can no longer inherit from the birth parents under intestate succession laws, and the parents can no longer inherit from the child.
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