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    1. Re: [IRL-KERRY] Anyone with legal knowledge
    2. Brendan O'Donoghue
    3. Hello John, I went into the GRO in Dublin today and bought his birth record, while they were searching they told me that he had a bio sister, she was informally adopted by the same people. I understand that the bio sister married in Dublin, if she had children they would be entitled relatives to his estate. I am getting close, the estate is quite substantial in modern day terms. It would be great if it went to his bio's children Brendan On 16 Sep 2013, at 18:39, JWladis@aol.com wrote: > Bredan, > > If the estate is substantial it would be useful for you to consult a > solicitor in the UK & perhaps Ireland. > > I am an American attorney. What I am about to say is based on > American law. I imagine that American law is not too different from > UK law on these points. > > First, whether or not the adoption is legally effective when Mr A > dies intestate, the law usually stipulates the family members who > inherit . Normally it's the law of the decedent's residence at the > time of his death. That would be the UK law intestate law in effect > when Mr A died. > > The following site will tell you what relatives inherit: > > https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will > > If the adoption is not legally effective then Mr A's biological > relatives would inherit under intestacy law not members of the > family that raised him. > > Second, it appears from your description that there was no formal > adoption process followed. Normally this means that the adoption > will not be recognized as legally effective. Hence Mr A would not > be considered to be legally part of the family that raised him. I > should note that the law might recognize the informal adoption as > legally effective. > > Lastly, if Mr A owned real estate in Ireland it's possible that > Irish law may apply to that property. > > To reiterate, if Mr A's estate is substantial, you should consult a > solicitor. > > John Wladis > > In a message dated 9/15/13 3:37:45 A.M. Eastern Daylight Time, brendan@researchireland.com > writes: > Mr A was born in Ireland 1920's he was a single mother birth. > > Hw was adopted at birth and raised in a family who already had 4 bio > children. > > The family also adopted a girl not related to Mr. A > > The family of 6 all grew up together, it was only in later years > that it > came out that two of the > > family had been adopted. The adoption act only came into law in > Ireland > 1952, it was therefore an informal > > arrangement. Mr A emigrates to England, he comes home on holidays and > attends all family funerals. > > Mr A marries in England, no children. > > Mr A dies in England, he dies intestate, his wife had died before him. > > Who is entitled to his estate? > > Brendan > > > _______________ > --------------- > > Policies of the IRL-Kerry List: > http://www.rootsweb.ancestry.com/~irlker/mailing.html > To unsubscribe from the list, please send an email to IRL-KERRY-request@rootsweb.com > with the word 'unsubscribe' without the quotes in the subject and > the body of the message. > > To subscribe to the Digest version of the list, please send an email > to IRL-KERRY-D-request@rootsweb.com with the word 'subscribe' > without the quotes in the subject and the body of the message. > > To visit the County Kerry Research and Resources Page go to: > http://www.rootsweb.ancestry.com/~irlker/ > > Share your stuff! If you transcribed research data, share it with > the Irish genealogy community. Contribute it to the Kerry website to > reach a wide audience. Contact Ann Hammer, data maintenance. Her > contact info is at http://www.rootsweb.ancestry.com/~irlker/ > contrib.html > > ------------------------------- > To unsubscribe from the list, please send an email to IRL-KERRY-request@rootsweb.com > with the word 'unsubscribe' without the quotes in the subject and > the body of the message

    09/16/2013 02:40:47