CINCINNATI BUSINESS AND ESTATE PLANNING ATTORNEY
  • Legal Topics
    • Business Law Answers
    • Estate Planning Answers
    • Document Resource Center
    • Subscribe
  • Contact Elliott

Can you Inherit after Adoption? 

8/12/2016

0 Comments

 
Picture
How does adoption change a child’s right to inherit?
​

The right of an adopted child to inherit from a biological parent is severed when the final decree of adoption is issued or an interlocutory order of adoption becomes final. There is an exception to this standard. Source: Ohio Revised Code Section 3107.15(A)(1).

The exception to the adoption standard applies when a parent dies and the new spouse of the living parent adopts the child. Source: Ohio Revised Code Section 3107.15(A)(1).

During the administration of an estate in Ohio, it is not always easy for a Probate attorney to determine if the adoption was completed. One method of conformation is to contact the Ohio Department of Health, Office of Vital Statistics (“ODH”). This organization has adoption records for individuals born in Ohio and adopted anywhere in the US.

How does your Probate Attorney determine the adoption was completed?

There is a challenge with this process in the Probate administration context. Specifically, the challenge is when the only known biological parent of the children is deceased. The Ohio Department of Health, Office of Vital Statistics only makes its records available to the adopted child, the adopted parents or the child’s lineal descendants.

It may be possible for biological siblings to request the name of an adopted child if that adopted child is over 18 and has already filed a name release consent with the ODH. Additionally, a biological sibling may request non-identifying information from the attorney, adoption agency, or Probate court that handled the adoption under O.R.C. 3107.66.

The statute is unclear whether this would include a confirmation of an adoption decree. For confirmation in a jurisdiction such as Hamilton County, the Probate court would likely need the birth name of the child and would need permission from a magistrate before releasing even non-identifying information.

For an Administrator, Executor, or Trustee, the lack of identifying information makes the administration of such an estate challenging. It is best for a fiduciary to seek counsel from an attorney familiar with the requirements in the local Probate court. Failure to properly distribute assets from the estate could result in personal liability for the fiduciary.

For more information about estate planning, probate, elder law, or trust administration in Cincinnati, Ohio, visit my website. If you have questions regarding this article or any legal matter, feel free to contact Elliott Stapleton at (513) 334-0099 

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Elliott Stapleton Attorney with CMRS Law
    123 Boggs Lane, 1st floor,
    Cincinnati, Ohio 45246


    Phone: 513-334-0099

    RSS Feed

    Categories

    All
    3 Day Notice
    Adoption
    Asset Purchase Agreements
    Breach Of Contract
    Business Law
    Consumer Sales Practices Act
    Copyright
    Customer Contracts
    Elder Law
    Employee
    Employee Handbook
    Estate Planning
    Exclusive License
    Fair Use
    Federal Estate Tax
    Franchise
    Guardian
    Independent Contractor
    Infringement
    Legal Checklist
    License Agreement
    Liens
    Limited Liability Company
    Lottery
    Medicaid
    Mortgages
    Non-Exclusive License
    Notice Of Cancellation
    Ohio Estate Tax
    Power Of Attorney
    Probate
    Purchase Agreement
    Real Estate Law
    Rental Property
    Service Mark
    Startup Business
    Succession Planning
    Tax
    Trademarks
    Trade Secret
    Trust

    Archives

    September 2019
    July 2018
    January 2018
    September 2017
    July 2017
    November 2016
    October 2016
    August 2016
    June 2016
    April 2016
    February 2016
    January 2016
    November 2015
    October 2015
    August 2015
    July 2015
    June 2015
    April 2015
    March 2015
    February 2015
    December 2014
    November 2014
    September 2014
    June 2014
    February 2014
    December 2013
    August 2013
    July 2013
    May 2013
    April 2013
    March 2013
    November 2012
    October 2012
    May 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011

Elliott Stapleton - Cincinnati Estate Planning Attorney | 123 Boggs Lane, 1st floor, Cincinnati, Ohio 45246 | Phone: 513-334-0099
​
THIS IS A LEGAL ADVERTISEMENT ONLY. GENERAL INFORMATION ONLY, NOT TO BE CONSTRUED AS LEGAL ADVICE. ALL LEGAL DECISIONS SHOULD BE ADDRESSED WITH LEGAL COUNSEL

© Copyright Elliott Stapleton, LLC. All rights reserved.

The content on this site is for information purposes only.

No one should rely on the internet, including this or any other website, for legal advice.

Communicating through this site does not create an attorney client relationship and your submission is not a confidential communication.


Photos used under Creative Commons from tjohansmeyer, Bob Linsdell, Joybot, Jeff Kubina, Endlisnis, Insulinde, NNECAPA
  • Legal Topics
    • Business Law Answers
    • Estate Planning Answers
    • Document Resource Center
    • Subscribe
  • Contact Elliott