[WSBAPT] Probate contested by step-child claiming to be adopted

[susan at pepetersonlaw.com]

HC is the biological child of the decedent.  Many years ago (decades),
client's dad was married to a woman who had two minor children (not his).
The decedent was in the military and completed some sort of paperwork to be
able to bring the step-kids when he was moved.  Bear in mind, that is the
description of the paperwork I'm getting from client, I have no idea what
they're describing.  Dad divorced their mother a long time ago but did
apparently still have contact with the step-children.  Dad died intestate
and now the former step-children are claiming that the "paperwork" he
completed to be able to take them with him was actually a legal adoption.
Client and her mother (the dad's former partner, she was with him after the
mom of step kids) dispute this.  It is my impression that the claim of
adoption did not come up until the dad was in bad shape.  Does anyone with
more knowledge than I have about all things military and/or adoption have
any suggestions?  Current plan is to proceed as though they are ex
step-children and petition for the biological child to be appointed PR with
non-intervention powers.  I do plan to give notice to the step kids and when
they object, as I assume they will, ask them to prove their claim of legal
adoption.  Anyone have a better idea?

 

Susan E. Spuller

Attorney at Law

 

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