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My biological father passed away without a will. I was adopted by his parents as a child but always kept a father-son relationship with my biological father. What rights do I have to his estate?

Last Updated: October 01, 2009

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A will is a legal document that allows a person to determine how they want their assets to be distributed after their passing. When a person dies without a proper legal will in place, as your father did, it is the responsibility of the state to distribute the assets to heirs according to the laws of the state in which the decedent lived. That state's intestacy (when there is no will) laws will determine the ultimate distribution of the estate. Intestacy laws are very specific in terms of who has legal inheritance rights and in what order of priority and proportion each receives part of the estate. The quality of someone's relationship with the deceased person is not a determining factor. You will have to explore state-specific intestacy laws to determine a precise answer to your question. For further information, consult an attorney in the state where your father died. We would like your feedback on this Personal Finance Frequently Asked Question.

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