As many families, there are adoptions in my family. We have just been approached by EQT. They have incorrect information of who the family members are. And those who should be heirs are not listed.
What happens when a child is adopted because of the mother's death. Then the birth father marries a second wife with property in minerals?
Because of adoption, does that negate the rights to heirship?
The second wife also had 7 sons from a first marriage. Doesn't that put those sons as the rightful heirs because "their" mother and father were the owners of the property.
It is my understanding that it would go by your great uncle’s will and flow down from there. If there wasn’t a will and his spouse and child(ren) survived then 50% would go to the spouse and 50% the child(ren) would split. If there wasn’t a will and no living spouse then the children would split. If no spouse or children then the siblings would split (I don’t know who it would go to if the parents were alive as well). If he had 6 siblings and 1 sibling had passed before him the spouse or children of the deceased sibling would split that person’s portion. If the deceased sibling had no spouse/children that portion would be split between the siblings equally. It can get very convoluted and depends on if there is a will or not
It depends on the title to the minerals, state law and the exact facts. Was this a formal legal adoption where the birth parents gave up the child and there are unrelated adoptive parents? Who held the title to the minerals? Only the second wife and was this her separate property? Did she transfer title to her husband or children before death? Did she have a will and was it probated? Did the husband die before or after the wife? What is the state where the minerals are and what is that state law? You should consult an estate attorney.