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Do Adoptees Have a Legal Right to Inherit Their Adoptive Parent’s Estate?

Adoptive parents can form bonds with their adopted children in ways that are indistinguishable than if the children were biologically their own, but does the law see it that way? This can quickly become a crucial point of consideration when adoptive parents are planning for the future and want to be sure that their adoptive children are included in their estate plans.

Dying with a Will

Unless a will is contested in probate court, the judge is most likely to follow its instructions for how the deceased’s estate should be divided. This means honoring property distributions to beneficiaries as written in the will.

Under normal circumstances, people account for their natural-born children in their will as they would any other beneficiary. Unless specifically and explicitly disinherited, children may be inclined to challenge a will that fails to mention them at all. In this regard, adoptive children are treated no differently by the law.

When a will-maker lists an adoptive child as a beneficiary in his or her will, their right to inherit property cannot be challenged by other beneficiaries. If adoptive children are left out of a will without explanation or an explicit disinheritance, they would be legally permitted to pursue an inheritance as any natural-born child would be.

Dying without a Will

In probate law, the legal relationship between an adoptee and their adoptive parents is very important when a parent dies without a will. When anyone passes away without a will, the state’s intestacy laws determine who will inherit their property and how much.

In most cases, half of the estate will pass on to the deceased’s spouse while the other half will be divided among the deceased’s children. In this regard, the legal relationship between the adopted child and their adoptive parent is indistinguishable from any siblings who may share a genetic lineage with the deceased. In other words, people who are adopted are regarded the same as any natural-born children when it comes to their right to inherit property under intestacy laws.

Do You Need Legal Assistance?

If you require legal assistance to deal with a probate matter or any challenges involving adoption or the rights of adopted children, turn to the legal professionals at Bundren Law Firm, P.C. for help. Our attorney has the knowledge, skill, and experience necessary to respond to your concerns and legal issues with effective legal solutions.

We at Bundren Law Firm, P.C. strive to provide clients with a personalized approach that accounts for their unique situation. Rest assured that when you work with us, we’ll craft a customized legal solution for you that takes into account the specifics of what you’re up against and your hopes for how it’ll all turn out.

Get in touch with us today and schedule a consultation. To get started, call (918) 992-3300 or fill out our online contact form.

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