Can adopted children inherit their adoptive parents’ assets?

Losing a parent may leave you heartbroken. It is a tough time for you and may raise questions about your rights to inherit, especially if you are an adopted descendent. Under Florida law, adopted children generally have the same rights to inheritance rights as biological children. However, how you actually inherit depends on whether your adoptive parents had a will — and what it says.

What if your adoptive parents left a will?

If the will states that inheritance is for “my children” or “my descendants”, that language applies to adopted children as well. Florida law does not discriminate between children based on blood ties.

Still, there are situations where adopted children are not explicitly mentioned in the will. If this happens to you, you may still have rights as a “pretermitted child” under the state law. This means you could receive a share of the estate as if your parents had died without a will.

What happens if there is no will?

Sometimes, parents do not have a will at the time of their death. In such cases the law treats adopted children the same as biological children. The type of adoption, such as stepchild adoption or adoption by a close relative, does not change an adopted child’s rights.

The probate process facilitates a lawful and equal distribution of the assets. The inheritance is not distributed until the will is validated, debts and taxes are settled and all the disputes are resolved. When a person dies without a will, the state distributes their assets according to the Florida intestate succession law.

When may you not have the right to inherit?

Florida probate law generally protects the rights to inherit of every surviving relative of the deceased. However, certain instances may disqualify you from inheriting your adoptive parents’ assets. For example:

• If the adoption was never legally finalized
• If a will specifically mentions adopted children shall not receive any inheritance
• If an adoption takes place after the child was already adopted once

The nuances of probate law can be confusing. All the cases are different and an estate planning attorney can help you understand it better.

Protecting your inheritance rights

Inheritance is something that may have a significant impact on your life. The state protects the rights of adopted children to inherit but a little extra preparation can secure your position.