has anyone ever heard of this? I am a step daughter but I grew up with my "dad" since I was about 4-5. I was never "legally" adopted by him and he passed away recently. He would have wanted to adopt me but when I was a kid my Mom (biological) and he didn't have the money-(or know who and where my bio father was)-then when I got older it didn't seem to be an issue. He passed w/o a will and now there are inheritance issues. I was reading that if I can prove that he would have wanted to adopt me then it could work. I mean if I have his brother (my uncle) and my brothers (his bio kids) testify would that help? Also I used his name throughout my life, school, social security- don't know how they were able to do that-but they did. I am beneficiary on his life insurance etc. Can anyone help me?

has anyone ever heard of this? I am a step daughter but I grew up with my "dad" since I was about 4-5. I was never "legally" adopted by him and he passed away recently. He would have wanted to adopt me but when I was a kid my Mom (biological) and he didn't have the money-(or know who and where my bio father was)-then when I got older it didn't seem to be an issue. He passed w/o a will and now there are inheritance issues. I was reading that if I can prove that he would have wanted to adopt me then it could work. I mean if I have his brother (my uncle) and my brothers (his bio kids) testify would that help? Also I used his name throughout my life, school, social security- don't know how they were able to do that-but they did. I am beneficiary on his life insurance etc. Can anyone help me?

I would imagine that one can't be adopted by a dead person.

So, you are saying that you want to be adopted by the dead person solely for the inheritance?

So, you are saying that you want to be adopted by the dead person solely for the inheritance?

If you read her other thread it make more sence...kinda...:rolleyes:

Babs, Perhaps your St-father left you his life insurance instead of part of the family home? What was the value of the home and how much insurance did he leave you?

This is actually a family issue rather than a legal one.

If your mother and he were together all that time and you all grew up together in that house, the ETHICAL and MORAL thing to do would be to share the money equally.

Of course, families aren't always moral or ethical and unfortunately, the law just says that it was his and goes to his kids.

You'll just need to get past that unfairness unfortunately and move on.

My husband has issues with making a will, "he just doesn't want to think about that horrible stuff". But please, talk with your spouses, such difficulty can be passed on if you don't hash out a good will.

Okay, now that I read your other thread, I understand why you are asking this.

I am almost positive that you cannot be adopted by a deceased person.

I agree with Bay. Is it possible that he provided for you with the life insurance?

thank you for your replies. I do not want to be adopted "just for inheritance". It seems I probably have no other alternatives and honestly if I can have it done whether inheritance was an issue or not, I would pursue it. I am very angry over the fact that one specific family member has said to me "well you are not "legally" entitled to anything anyway" (and the kept "my share") and having the control and power to utter such mean hateful things. I know I am in NY but I found this in the Missouri bar association website and that is what got me thinking it might be possible. Any thoughts?

"Although "equitable adoption" has in recent years been rejected by our appellate courts as a basis for establishing custody or guardianship of a child on behalf of an "equitable parent,"2 the doctrine remains viable within the probate realm as a means of establishing a right of inheritance from a putative parent."

Missouri law does not apply to New York. You would need to consult with a NY attorney to determine whether the doctrine of equitable adoption would apply under NY law in your case.