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Is every biological ADULT offspring entitled to a piece of the estate? - Edit added additional question

Posted by on Sep. 20, 2017 at 11:14 AM
KK
  • 80 Replies

For the point of this discussion, it is NOT about minor children who need financial support.  It is specifically about adult offspring.  

Do you believe that by simply being the biological offspring of someone entitles you to a piece of their estate when they die?  

What about children who were adopted out?  Should they have a right to go back and find their biological parents to claim a piece of the pie?  

Shouldn't parents have a right to determine who they gift their estate to in the end?


Edit to add: 9/21

This question ultimately came about as a result of another discussion.  There was an argument made that an unknown biological child should get compensation if they can prove they are in fact the person's biological child.  

What if the parent in question knew about the children and did not provide financial support for their children when they were minors?  Do the adult children have a claim to the estate?  

What are your thoughts on this, does the estate owe the individual a piece of the estate under these circumstances?  

Does it change your opinion?   




by on Sep. 20, 2017 at 11:14 AM
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Replies (1-10):
zandhmom2
by Bronze Member on Sep. 20, 2017 at 11:18 AM
3 moms liked this

No, I don't expect anything from my parents. I hate when I hear of siblings fighting over their parents money/belongings. There are four of us siblings and two of us keep trying to tell our mom to spend all her money now before she dies. I need nothing from her.

meriana
by Platinum Member on Sep. 20, 2017 at 12:06 PM
1 mom liked this

No one is really entitled to any portion of an estate. Most of the time, the deceased has left a will which spells out who is to receive what and it can be difficult to contest the will as generally unless it can be proven the deceased was not of sound mind at its writing, the Courts will uphold the will. If there is no will, then the estate goes to probate and the Courts decide who gets what, if anything.

PPCLC
by Lisa on Sep. 20, 2017 at 12:09 PM
1 mom liked this

I don't believe any adult offspring are "entitled" to a piece of the estate...or even those cute Christmas ornaments Mom always used on the tree when everyone was growing up.

If the parent's choose to leave something to their children, that's great, but I don't believe it's a requirement.

goldpandora
by Bronze Member on Sep. 20, 2017 at 12:26 PM

Where I live (France), all surviving offspring are entitled to share of the estate. How much you can dispose of as you choose depends on how many children you leave and whether your spouse is still alive. 

InheritorsRight to estate What the deceased can freely bequeath
Spouse1/4 of estate3/4 of estate *
One Child1/2 of estate1/2 of estate
Two Children2/3 of estate1/3 of estate
Three Children3/4 of estate1/4 of estate

* This is in the case where there are no children.

Spain and Italy (and probably others) also ensure children's rights to their parents' estates.

Sparkles4Lui
by Gold Member on Sep. 20, 2017 at 12:52 PM
1 mom liked this
I should be able to distribute my effects as I wish.
EireLass
by Ruby Member on Sep. 20, 2017 at 1:48 PM
1 mom liked this

No adult is entitled to anything. Anything. In the world. No. 

msb64
by Platinum Member on Sep. 20, 2017 at 1:52 PM
1 mom liked this

IMO, if there is no survivor spouse and no will, all adult offspring (both biological and legally adopted) are entitled to an equal share of the estate.

No, once a child is adopted, they are then the offspring of their adoptive parents not their biological parents.

People should have the ability to will their estate to whomever/whatever they wish and that is why it is important to have a will.

karene999
by Member on Sep. 20, 2017 at 1:56 PM

No adult is entitled to a damn thing.

My Mom is in her late 70's and she told us what her wishes are regarding property and such over 10 years ago. My brother and one of my sisters have tried repeatedly to get her to sign over things to them now. She has refused.  

She says that I get the house to sell and then use the money for my child who is SN. Since she told us when every she talks about the house. I tell her, look I am not expecting to get the house. If you still own it when you pass, and the will says for me to use the proceeds for Jim then fine. Until that day, it is your house and you do whatever you want. Your house, your property, your rules.

lizzielouaf
by Platinum Member on Sep. 20, 2017 at 2:06 PM
1 mom liked this
No adult is entitled to an estate, it is always up to the decedent. If there is no will and the decedent dies intestate with heirs, probate court has a formula. You know who REALLY does not deserve a piece of your estate? The government. Trust me, the government will take possession of your estate if you die intestate with no heirs and they will do it with expediency and efficiency.
Sisteract
by Whoopie on Sep. 20, 2017 at 2:18 PM

The parents, owners of the goods and wealth prior to death, get to decide how the estate is split upon their deaths.

NO ONE is entitled to anything.

As an example, most of Bill and Melinda G's estate will not go to their heirs.

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