Adoption can stir up many legal questions, especially when it involves inheritance. A common question that often comes up is, can adopted children inherit from biological parents?
Adopted children have no legal rights to their biological parent’s estate after an adoption is finalized unless the biological parents choose to have included the adopted child in their will. Exceptions may apply depending on each state’s probate laws.
Before we get started, we need to point out that we are in no way intending to provide you with legal advice and are only covering this article in general terms.
How much control do adoptive parents have over the type of child they adopt? Learn more here.
Adoption and Rights of Inheritance
Each state’s laws are different, and we are not lawyers. For probate issues in your area, we highly recommend you contact an attorney.
When an adoption takes place, all rights associated between the biological parents and child are permanently terminated.
The adopted child, in turn, does not have any legal rights to their biological parent’s estate when they die. This however can be debated, as each state’s laws are different.
The term Intestate Succession is important to understand. As FindLaw explains, when someone dies and has no valid will, their estate is passed down to heirs or certain classes of family members.
Each state has its Intestate Succession laws and guidelines on how the property will be distributed.
For example, adoption records are sealed in the state of Texas. Yet, if an adopted child finds out who their biological parents are, and if there is no preclusion in the legal paperwork stating the child may not inherit, that child will be eligible to inherit from their biological parents.
Willi Law Firm, Estate Planning, and Elder Law Attorneys in the state of Texas shares a fascinating true story.
A wife died and did not leave a will. They had no children together and had been married for 40 years. Since the wife had no will, the courts went through the process of determining her legal heirs.
The woman had put a child up for adoption before marrying her husband, whom she chose to keep a secret and did not share with her husband.
In short, the adopted child ended up inheriting 50% of the woman’s estate. Visit Willi Law Firm, Estate Planning, and Elder Law Attorneys for the full story.
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Contesting a Biological Parent’s Will
Biological parents have the right to add a child that they gave up for adoption to their will. However, an adopted child whose rights were terminated through a finalized adoption, in most states cannot contest a will.
Exceptions to the above may apply if the child was adopted by a stepparent after the death of the child’s birth parent, providing the birth parent’s rights were not terminated.
This exception is applicable in such states as Arizona, Alaska, California, Colorado, Oregon, and Tennessee.
We cannot stress enough the importance of making sure a will is set in place so that there is no question about how to divide one’s estate. What may seem like a hassle now will save others the heartache and hassle later.
Home studies are a required part of the adoption process. Learn how to prepare for a home study and shave time off of your lengthy adoption process.
Probate Laws in Your Area
Contacting a probate attorney is your best line of defense. Each state has its probate laws, and you will be better served by getting legal advice from an attorney who specializes in probate issues in the state in which you reside. For a probate attorney near you, visit Lawyers.FindLaw.com.
As with everything in life, there are pros and cons to consider. What are the pros and cons of adoption?
About the Author:
Trina Greenfield is passionate about providing information to those considering growing their family. Trina does not run an adoption agency. Her website is strictly information-based, so she is able to provide unbiased, credible information that she hopes will help guide those along their journey.