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I was adopted out in 1962 as a newborn. I met my biological mother in 1986; we had a good visit but did not exchange last names.
I tried to contact her about a year and a half ago but was told my the Adoption Agency that she could not meet again as her family still did not know about me. It hurt my feelings quite a bit as I had a son I wanted to tell her about. Okay, brag about. I received a call this April to tell me that she died of breast cancer. It turns out she asked her husband to tell her daughter after she died as she just could not do it. My husband and I just met with my birth mother's husband and my half sister. Poor girl found out about me the day after her mother died.
The issue is the husband is refinancing and wants me to sign a Warranty Deed as under Texas state law I am considered a legal inheritor, or whatever the term is, as she died intestate. Kind of ironic. He mentioned me to the title company and they won't do anything until I sign this Warranty Deed.
I don't want to sign as I don't want to be in the chain of title, nor do I want to be included in a filed legal document that links me to her as her child. I have no intention of making any claims on the estate. Does anyone know a way around this where I don't have to sign a legal document?
Thanks for any help or suggestions.
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Get to an Attorney who specializes in Estate and Real Estate PRONTO.
Don't wait around, don't sign ANYTHING until you do.
Call the local Bar Association first thing...like at 8:30 a.m. your time.
Be sure to find one who is licensed to practice law in the State where your b/mother lived.
It will be the best investment you can make.
Intestate: Died without making a will out. In this case the State decides who is in the line for inheritance. Most times, it is the spouse, biological children, and adopted children. If no spouse or children, then it goes to family members starting with surviving parents, brothers, sisters, etc.. There is no choice in the matter, the State has already determined who is in line to inherit.
Everything probably will have to be probated (go through Probate Court, or whatever Court that does wills).
Good Luck!!!!
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Thanks for the response.
The thing is we don't want to spend money on their problem. We estimate it will take around $500 to $1000. We just sent him an email sayng he needs to get the attorney and to contact my husband to see if there is anything we can do without signing anything. I would be happy to sign a Quit Claim deed or something, but I don't think that helps him.
We are now hesitating about contact my birth father.
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Originally posted by Vintage Sedona
Thanks for the response.
The thing is we don't want to spend money on their problem. We estimate it will take around $500 to $1000. We just sent him an email sayng he needs to get the attorney and to contact my husband to see if there is anything we can do without signing anything. I would be happy to sign a Quit Claim deed or something, but I don't think that helps him.
We are now hesitating about contact my birth father.
No, no, no, no, NO. This is also YOUR problem. The attorney is to guard YOUR rights. The attorney YOU hire will be for YOU only. Not for anyone else.
The step-birth/father needs to get his OWN attorney. It's not your responsibility to cover for him also.
The attorney you hire will be able to represent you in this matter, and any other matter concerning the b/mom. He can also file what needs to be filed on YOUR behalf. Do not attempt any of this yourself. Do not give yourself legal advice or listen to "friends" or well meaning co-workers. Get an attorney.
Intestate estates are some of the worst ones out there. Guard what is yours by right. No, you aren't being greedy. (Women are more apt to die without a will.)
As for the birth father, go ahead and contact him. Don't worry about this.
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Thanks.
The reunion issue is such a bizarre deal. It sounds like you have been through this. Emotionally very exhausting, isn't it?
Thanks again for your posts.
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Originally posted by Vintage Sedona
Thanks.
The reunion issue is such a bizarre deal. It sounds like you have been through this. Emotionally very exhausting, isn't it?
Thanks again for your posts.
Nope, I have not. I used to work for an attorney who did estates (among other things).
The first advice given for Intestate estates is for everyone to get their own attorney. Even minor children should have a Guardian Ad Litem to represent their interests. If not, then things can swing in ways that no one wants.
This includes Wills that can be considered contestable. (Now, contesting a will is even worse than a nightmare!!!)
Good luck! You're going to have a few headaches because of this, but an attorney is the best medicine. He/She can make sure your headaches and problems are down to bare minimum.
Reunion? Looks like I'm several years, if not decades away from that. I found out I was adopted just a couple of months ago... Oh well.
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I am not an attorney. However, with the legal act of adoption, all legal ties to the natural parents are severed, including any inheritance rights, even if the person dies intestate. Imagine the mess if all adoptees could demand an inheritance from their bio-families.
Whoever is advising that you sign such a paper is un-informed about the legalities of adoption.
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Originally posted by Pelham
I am not an attorney. However, with the legal act of adoption, all legal ties to the natural parents are severed, including any inheritance rights, even if the person dies intestate. Imagine the mess if all adoptees could demand an inheritance from their bio-families.
Whoever is advising that you sign such a paper is un-informed about the legalities of adoption.
This is why an attorney is needed. This is why everyone should have a will. No questions about it. Everything cut and dried.
This attorney will also inform the title company whether or not the adoptee has to sign anything. OR anyone/anything else that needs "straightening out." They will listen to an attorney more than they will anyone else.
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In Texas, it is the law that an adoptee has a legal right to inheritance from the biological parents. You need to get an Attorney who is familiar with the Adoption Laws here in Texas.
Donna
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