I have a question for you and it's short and sweet. (Or maybe not so nice). My friend recently learned through DNA analysis via an online service that he had a daughter 60 years ago that he had not known about. It was also learned that the mother put the child up for adoption shortly after her birth. Does this daughter or her family have any right to the biological father’s assets before or after death?
See also: I inherited $246,000 from my mother and used $142,000 to pay off the mortgage. If we divorce can I take him back?
“If a child is put up for adoption and has legal parents, they typically have no legal right to claim inheritance over their biological parents’ property.”
Market watch illustration
Dear Friend,
Your question has a short answer. In theory, the biological child – but not the child's family – will have a claim on a parent's property. However, in this case, it is unlikely: if a child is put up for adoption and has legal parents, they will usually have no legal right to claim inheritance over their biological parents' property. In the eyes of the law, the child's legal relationship with his or her biological parents has been severed.
Your friend is also not helpless. He can choose to write a will – as most people should do whether they have children or not – setting out what he wishes to happen to his estate. (Read more about that here.) Dying intestate means his assets will be divided, according to the laws of his state. It is also a good idea to update your beneficiaries on life insurance policies and other financial accounts on an annual or semi-annual basis. Relationships evolve or come to a natural end, people die, and circumstances change.
Now, the long answer: The laws regarding establishing paternity through DNA evidence in order to make a claim on a parent's estate vary by state, and can even vary depending on whether the estate belongs to the mother or father. Once upon a time, the law was fairly straightforward, and no one “born out of wedlock,” in the old-fashioned phrase, could claim a parent’s property. These laws were actually struck down in 1968 by the US Supreme Court in Levy v. Louisiana.
There may be unusual exceptions. In Maine, for example, “even if you die with a will giving your property to your children,” according to Murray, Plame, and Murray, “Maine’s ‘predeserved heir’ law may still apply to allow for a biological or adopted child who was omitted from the will (which born or adopted after your will was executed) to receive a share of your estate equal to the value the child would have received if you died intestate.
New York has very specific requirements for such an inheritance. “An unmarried child may provide evidence to show a public and notorious confession such as: photographs of himself with the father, statements or testimony from friends and relatives stating that the father made a public and notorious confession to the child or that they saw them together having sex. The relationship between father and child,” according to the offices. Law firm affiliated with Roman Aminov.
“The child may also provide correspondence such as text messages or emails from the deceased in which he acknowledged the child,” the New York-based law firm adds. “The child may also present evidence in the form of a court order establishing paternity during the child’s lifetime, or a document signed by the father recognizing paternity during his lifetime that meets the criteria set forth in Public Health Law §4135-B.”
In my experience writing this column, children seeking to know their parents are often seeking appreciation and recognition, or want a relationship with their parents and biological siblings. It is a natural process of discovery that allows a person to feel connected to the world through the people with whom they share DNA and helps them learn more about their family history, traits, and even medical history.
However, as this person discovered when he searched for his biological father, it doesn't always go as hoped. The parent may not welcome the introduction, but rather view it as an intrusion. The child may feel disappointed by the personality or choices of the biological parent and realize that they have a lot in common with their adoptive parents. The problem arises when the child in question views inheritance as a substitute for those lost years and love.
It works both ways. Naturally, biological parents and even grandparents can view their long-lost relatives as a cash cow. This woman, who was adopted as a child, wrote to me last year to tell me how her biological grandmother began insinuating that she needed money, and threatened to sue. Grandma stayed in her house rent-free, and showed no signs of moving out. In this case, I told the reader that the “G” refers to the grandmother, but the “G” also refers to the trickster.
In an ideal world, your friend would meet his 60-year-old biological daughter with neither party wanting anything to do with it, and become friends. However, when reconnecting, proceed with caution. Not every story about long-lost children who find their parents or grandparents ends with a happy ending taken from the pages of the musical “Oliver!” Or “Annie.” People are flawed, and some come with unrealistic emotional and financial needs. Tread with caution, and be aware that high expectations can often lead to resentment and disappointment.
You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com, and follow Quentin Fottrell on X, the platform formerly known as Twitter.
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