Emancipation from Adopted Parent?

Question

My brother & I were adopted by a step parent when we were 5 & 8yrs old respectively. This adoptive parent was abusive & we had a less than satisfactory childhood under him. He finally left my Mum when we were 14 & 17. Since then we have had nothing to do with him except through the courts where he lied through his teeth & was aquitted of child abuse.

We are now 31 & 34 and have both had our names reverted to our birth fathers name via deed poll. My brother died ten days ago & now we find out we require the stepfathers signature on any legal paperwork before we can settle the estate as he is still listed as the legal guardian because the adoption was never nullified. Consequently he can lay claim to the estate which would upset my brother no end.

My question is has anyone had to deal with this & do you have any advice for my family with regard to negating this adoptive parents rights?

Answer 1

I'll adopt you and your baby!!! (I'm in OZ!!!)

I'm so sorry about this.

It is completely screwy.

Perhaps get other legal advice - just to check.

My step-father had my mothers will all tied up for many years (luckily my mother never allowed him to adopt me - I don't think I could have coped being adopted twice!) - and our solicitor once said - "Can you find someone with a gun?" - as there was no legal way out. They saw the situation as unfair - as I'm sure your lawyers have also said.

Try any avenue you have.

I so hope you can find a way around this.

ICK.

Answer 2

Get an attorney's advice. Legal aid can help you. You should have disolved stepdad's right's along time ago.

Answer 3

My deepest sympathies for your brother's death at such a young age!  That must be very difficult for you...and this other issue  just making it all so much worse.

How can the step-dad be a legal guardian of an adult?  I believe (?) that if there is no contact between parent and child for 7 years...the non-communicative parent can lose parental rights, but this would require court's participation.  But I'm not sure about this, and unsure if it works for adults.  I would definitely get  a second opinion from another lawyer.  

YOU should definitely write a Last Will and Testament that makes your wishes concerning the disposal of your estate crystal clear.  That way, this situation will not repeat itself upon your death.

Answer 4

My only suggestion is if the abuse was proved in the courts and if child support was not paid by the legal father (which would be your stepfather)  then possibly his rights can be terminated.

Unfortunately your lawyer is probably correct.  Since there was no action or the action to nullify the adoption by the time of your brother's death your step-father may have full rights to claim on his estate.  

In the eyes of the law it's hard to go back in time and make something effective for use currentlly.  But i would encourage your lawyer to keep looking for some loophole in the law you can work around.

I'm very sorry for your loss.

Answer 5

All you probably need to do, is get some kind of evidence: written&signed, video, photographic, etc. This evidence should prove (beyond a reasonable doubt) that your brother actively tried to emancipate himself from his parents. Thus making you (next of kin) recipient to his estate. That is, unless he was married and/or had children (illegitimate or no), this would change the entire situation.

Also.... there should be an age you reach, wherever you live, in which the guardianship expires. In the U.S. that age is 24. That is... when the Government legally separates child from adult (In way of taxes and the like).

Answer 6

I would say talk with another lawyer and look for one who doesn't just deal with estate settlements....  Perhaps a Family Law Lawyer ...  Your attorney may simply lack the expereince with anything such as this....

It sounds like to had legal process over the abuse... I would think there must be some kind of legal process to exculde an abusive parent from any claim...or any rights to anything....

I would bet that with the legal record of the abuse, the change of names you both requested and the Lack of Contact this man had in your life over the years---he should have no claim to anything....

ALSO-----****DID He Pay Child Support?  Because when a child dies....often Outstanding Child Support remains an issue....

We lost my 12 yr old Niece to a drunk driver.... When insurance and law suites were settled Her Absent Father was given nothing because he had Never Paid Child Support.... Oh, he wanted his cut of the pie and it was nice when he didn't get it... He had never acted like a father and never supported his daughter---so.... Maybe that can be part of Your Legal Claim.

Answer 7

Actually, adult adoption is most commonly used for situations regarding probate matters.  

I'm very sorry for your loss and for this added heartache.  In the U.S., it is not possible to nullify the adoption of a minor after the adopted person becomes an adult.  Prior to the adoptee becoming an adult, the adoptive parent(s) can have it nullified.  The adopted person never has any right regarding this matter.  From what you are saying, it seems that this is the same where you are.

You might want to get a second legal opinion, anyway.

Answer 8

Hi Jen

I sent you a email too :)

regarding this Quote "My brother died ten days ago & now we find out we require the stepfathers signature on any legal paperwork before we can settle the estate as he is still listed as the legal guardian because the adoption was never nullified" Unquote

You said your brother was 34 , last time I looked in Australia you are a adult over 18.

I haven't needed my parents signature on anything since I was of legal age.

I think you should find a new lawyer, also ring up the Family Court in your State

Good luck and my condolences to you on the loss of your brother x

Answer 9

That's a terrible situation to be in hun. I would talk to a lawyer about your rights as his sister, and how to get around the adoption laws immediatly.

Answer 10

Get an lawyer now!!!!

Answer 11

I am sorry for the loss of your brother.

I share your frustration about adoption, because unlike divorce, adoption is forever.

My understanding is that you and your brother would need to be adopted by someone else to render the adoption by this vile man invalid.

I was adopted, and my natural mother has me listed on her will as a 'friend' because by LAW, she is not my mother.

In the courts, it's the law that counts.

Good luck.

Answer 12

I sure wish I could help here

I can help by saying  

So sorry about the loss

Answer 13

I would get a lawyer or contact legal aid & get some advice on what you can do to prevent him from getting his sleezie hands on the estate. this could take years so be prepared for a long battle.