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

[Fern Herbert]

Having them provide proof of the adoption is a great idea. Adoption files are usually sealed, so getting them from the courts may be difficult, but putting the burden on them to prove the assertion is good. They WILL have to prove that at some point.


Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of susan at pepetersonlaw.com <susan at pepetersonlaw.com>
Sent: Monday, October 3, 2022 4:50 PM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate contested by step-child claiming to be adopted


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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Peterson Spuller, PLLC

345 Knechtel Way NE, Suite 102

Bainbridge Island, WA 98110

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