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

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  
                                                             
October 3, 2022
 
I agree with Fern that the burden should be put on the alleged adoptee  
to provide proof of the alleged adoption.  
When an adoption occurs, a new amended birth certificate is issued as  
part of the adoption process. So, ask step-child to produce their  
birth certificate. Even though adoptions are sealed, a copy of a birth  
certificate can be easily secured.
 
Adoptions are governed by RCW 26.33 and must take place in superior court.

Very probably, what the military parent executed was a Family Care  
Plan. These plans are required of all service persons who have  
dependents unless they are married to the other natural or adoptive  
parent and that other parent is not in the military. These are not  
legally enforceable documents and they are not adoptions. It’s just a  
plan for how dependents will be provided for in the event of deployment.
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
 

Quoting Fern Herbert <fern at zenith-lawgroup.com>:

> 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
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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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  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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