Adopted Children’s Probate Rights in Florida
Typically, Florida law does not enable an embraced kid to inherit through intestacy from his or her biological parents. The limited exception to this rule is when an embraced child’s birth parent dies but his or her making it through moms and dad remarries a stepparent who consequently adopts his or her deceased spouse’s biological child. In this minimal situation, the adopted kid of his/her stepparent and biological kid of his or her departed moms and dad can inherit from both parents.
The share that an embraced child gets pursuant to Florida’s intestacy laws will not generally depend on whether he or she was pretermitted or omitted in his or her moms and dad’s will.
Florida’s intestacy succession laws determine the order of priority regarding which family members are entitled to get a predetermined share of a person’s estate if he or she passes away without a Will or without a validly produced Will. Florida law considers an adopted kid as a lineal descendant of his or her adoptive moms and dads and his or her siblings.
Thus, if the adopted kid endures his/her biological parents, he or she is not entitled to get an intestacy share from his/her biological parents. Nevertheless, if his/her biological parents include him or her in their wills, he or she may receive a bequest under his/her moms and dads’ wills.