Q: Several girls were adopted by family B many years ago. When the girls were growing up, they were abused by the father. As adults they have encountered marital difficulties and have left their spouses. The Bs are not happy about this and have said they will not leave anything for the girls in their wills. Should the girls challenge the will? Do they have other rights?
A: As I’ve pointed out on other occasions, adult children are not automatically entitled to an inheritance from their parents.
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Adult children can only challenge a will if they have been dependent on the parent and adequate provision has not been made for their support. However, courts have been somewhat liberal in interpreting dependency to include support for the style that the children have become accustomed to.
If there is no will, then the estate would be divided in accordance with intestate succession laws. Under such laws, the spouse usually has the first claim on the estate, followed by the children. Adopted children are considered as equal to biological children.
Your letter mentions abuse. Child abuse is a serious matter under both civil and criminal law. A child is entitled to sue a parent or guardian for physical and sexual assault and there is no limitation period on such a claim. Similarly, there is no time limit on criminal prosecution for sexual assault.
Whether one should pursue such legal proceedings is a matter to be discussed with a lawyer and counselor.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
