Locating the Missing A Morse Family Tradition Since 1939

I Am Adopted, But Am I A Relative?

Well, that depends! There are many types of family relationships. Some make you a relative and some do not.

The most definitive relationship is that of being born to your parents. You are obviously related to them and their blood families. But what if you were adopted? When it comes to having a loving family, you certainly are a member and entitled to all of those wonderful benefits and moments, but you may not be when it involves an inheritance which stems through adoption. States have different rules and statutes. Some allow you to inherit from both your biological parents and your adoptive parents, (lucky you), while others preclude you from inheriting from your biological parents and only allow you to inherit from your adoptive parents.

In the case where your biological rights have been terminated by the adoption, you will not inherit from anyone in that family unless you are specifically named as a beneficiary in a Will. However, you can inherit through your adoptive parents and from any members of their families as if you were a naturally born child.

If you have been legally adopted and can prove that by obtaining a copy of your adoption proceedings which took place in court, you then need to determine which category you fall into with regard to your inheritance rights. As this may be very important for you to know and understand, here is the applicable statute from Florida (for example) for you to lreview, and never hesitate to contact your attorney when you have specific questions:

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.108 Adopted persons and persons born out of wedlock.

(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:

(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.

(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.

(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.

(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:

(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.

(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.

(c) The paternity of the father is acknowledged in writing by the father.

History.—s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.

Note.—Created from former ss. 731.29, 731.30.

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