Adoption grants inheritance rights between the adopting parent and adopted child.
Adoption can change inheritance rights, and that is no exception in Florida. Those who adopt an individual and the individual they adopt become family members for legal purposes. Thus, they gain reciprocal inheritance rights. The Florida Adoption Act is found in the Florida statutes at Sections 63.012 through 63.236. Probate laws that govern inheritance are found in Sections 732.101 through 732.111. Adoption in the frame of inheritance is more specifically governed by Section 732.108.
Adoption
Adoption in Florida is not unique compared to other states. The process requires consent of the biological parents or a termination of parental rights, home visits, a petition for adoption and a final order of adoption from a judge. The judge has wide discretion to determine the best interests of the child.
Inheritance
In the absence of a will or trust, inheritance is governed by the concept of intestate succession. Florida statues spell out very clearly who are heirs and how property is to be distributed to heirs. Florida Statute 732.108 states that all adopted individuals are descendants and natural kindred of the adopting family and take inheritance in the same method as biological heirs.
Will or Trust
Where the deceased has left a will or a trust document specifically disposing of property, those documents will govern. However, just as with a natural-born heir, an adopted child may have rights via intestate succession if he is left out of the will without a specific disclaimer leaving nothing to the adopted child.
Tags: adopted child, inheritance rights, Florida Adoption, intestate succession, left will