Freestone, CA Estate Planning Law Firms & Lawyers

In Oregon, the adoptive child inherits from the adoptive parents this assumes a fully legal adoption. If she is simply "not mentioned" in a will made after the adoption, then she has an argument that she is entitled to a share, as she was simply forgotten. The answer is to name all of your children in the will, including the adoptive child, and say specifically that you intentionally make no provision for the adoptive child. Do not leave a dollar it is unnecessary, and it makes the child a devisee with rights in the estate. Try to find contact information for the child now, as your personal representative will have to send her notice of the probate, and might have to hire an heir search firm to do so. If you do not have contact information, leave as much information as you have Social Security number, adoption records, schools the child attended, old addresses where the PR knows where to find it. That will make the heir search easier.

Yes, you can sell her home; however, the buyer or the title company may insist that the land being sold be specifically described in the Power of Attorney. Also, it may not be a good idea to sell her home. Her home may be treated as an exempt asset for Medicaid payment purposes. The government may pay for her assisted living charges even if she keeps her home. That way she has an asset and may be able to return there someday.