Adopted child heir to biological parent?

[mimichrissie]

What is the name of your state (only U.S. law)? Ohio
My son passed several months ago. He left no will. He had custody of his child, now the ex does.
I have been unable to open estate because she won't sign the papers saying she represents the child. She nor her attorney understand them, so she was advised not sign them. I understand there will be a hearing and I will most probably be appointed.
She informed me today that her husband is adopting the child very quickly, papers are drawn up.
We have serious concerns about the handling of the life insurance money. His SS money is not being used for his needs, it is needed for them to live on. I purchased winter coat, hat, gloves because he had none on 1/3/11. I pay for music lessons the child wants to take because they do not have the money.

I DO NOT want this money. I want to protect it for this child. Ex has no clue how much ($100,000.)

There is an additional child (different mother) living with us. If the adoption happens before the estate is opened, will the adopted child still be a legal heir?

 

[mistoffolees]

It will be based on status at the time of death. If the child was heir at the time of death, his later adoption won't change that.

If the adoption somehow negated the child's ability to inherit, then I believe you would inherit under Ohio's intestate laws - and you could then do whatever you want.

HOWEVER:

Life insurance will not be handled by intestate laws. Rather, the beneficiary on the policy will receive the money. Who is the beneficiary? The money will go to that person. The same thing applies to things like retirement accounts, etc. They probably have a beneficiary who will receive the money.

The other problem is that even if the child IS the heir, Mom is the custodial parent now - and will be able to control what happens to the money.

You really need to see an attorney.

AND, for anyone else reading this, WRITE A WILL. It is foolish to die without one.