Adopted Children Inherit from Whom?

When a parent has died in Florida without a will, they have died intestate. Under the Florida intestate succession statutes, an adopted person is considered to be the descendant of the adopting parent and is considered the natural family of all members of the adopting parent’s family. The adopted person is not a descendant of his or her natural parents, nor is he or she “kindred” of any member of the natural parent’s family or any prior adoptive parent’s family.

The confusion as to whom an adopted person can inherit from stems from the several scenarios in which that person may be adopted. A child may be put up for adoption after their natural parents have terminated their parental rights. A child may be adopted by his or her natural parent’s spouse (who married the natural parent after the death of the other natural parent). A child may be adopted by a close relative after the death of both natural parents.

Each scenario has different implications as to how an adopted child is treated as far as his or her inheritance rights. It is best to consult with a Probate Attorney who can assist you in understanding your legal rights when your adopted or natural parent has passed away.

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