If Todd can prove that Robert was his natural father, he may inherit from both his natural father and adoptive parents. A finding in the probate action that Todd is the natural son of Robert would have no effect on the adoption. William Renchen would still be Todd’s legal father.
Todd is trying to establish heirship under the Probate Act. He is not attempting to establish a parental relationship under the Parentage Act. We do not find that Todd is trying to “undo” the adoption decree. He alleges a right to inherit from his natural father. Due to the fact that the Probate Act allows one to inherit from both the adoptive parent and the natural parent. When the adoptive parent is “a descendant or a spouse of a
Robert R. Renchen had died without a will. Todd Renchen claimed he was the son of Robert R. Renchen. Evidence submitted included DNA test results from DDC DNA Diagnostics. The results allegedly indicate a 99.995% probability that the decedent is the father of Todd Renchen.
Todd Renchen argues that he was adopted by William Renchen. Williams is “a descendant of the great-grandparent of the child.” Therefore, he may inherit from the decedent’s estate.
The Probate Act of 1975 (Probate Act) states:
“(d) For purposes of inheritance from or through a natural parent and for determining the property rights of any person under any instrument, an adopted child is not a child of a natural parent, * * * unless one or more of the following conditions apply:
(1) The child is adopted by a descendant or a spouse of a descendant of a great-grandparent of the child, in which case the adopted child is a child of both natural parents.” 755 ILCS 5/2–4(d)(1) (West 2006).
In Re Estate of Renchen, 405 Ill.App.3d 1141.
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