As an Adopted Child, Can You Claim Inheritance of Your Biological Parents’ Estate?
Let’s talk about quite an interesting but not uncommon situation. How do you, an adopted child, claim the inheritance of your biological parents’ estate?
Do you get the inheritance as their biological child, or is it passed on to other rightful heirs?
According to the inheritance law, because your biological parent’s ‘Legal parental rights’ to you were terminated, you cannot claim any legal right to their inheritance or assets.
The legal connection between parents and child is transferred to your adoptive parents; thus, you cannot lawfully claim their property.
However, your biological parents can still choose to include you in their will as a rightful beneficiary of an inheritance, but the chances are next to impossible!
Let’s talk about the inheritance rights of an adopted child and common complications found along the way.
Inheritance Rights of Adopted Children
Let’s get this fact clear!
ü An adopted child is entitled to receive an inheritance from their biological parents, adoptive parents, or anyone else.
As mentioned before, an adopted child can only receive bequests (gifts that are made as part of a will or trust) when their biological parent mentioned them in the will.
However, there is a complication. Even if you are named one of the beneficiaries, you can still be excluded when the rightful heir contests the will.
As long as none of the family members contests the will and your inclusion, the court will honor your inclusion in the will.
Remember a very valid fact that in the case of “Intestacy,” when your biological parents die without a will, you cannot claim their estate.
In a legal sense, the child is no longer an “eligible person.”The adoptive relationship replaces and extinguishes the biological one! Simple and clear!
Is there any exception to this law?
Interestingly, there are exceptions.
An adopted child under limited circumstances may have a right to inherit from biological parents.
The right to inherit may continue if:
1. The adoption occurred years after the child’s birth.
2. The biological parent died before the adoption occurred.
3. After adoption, the child re-established a relationship with the biological parent, becoming financially dependent on them.
Yes, the law works in surprising ways when you expect them the least!
At least, it realizes the subtleties of human relationships between parents and children and may work to provide the rightful heir their share.
The Adoption Act, Succession Act, and Inheritance Law started protecting broader aspects under law, which has dramatically helped adopted children to seek financial protection in any way possible.
Talk to a plan attorney in Ankenyif you believe you have a claim to your biological parents’ estate to determine your chances of getting the inheritance and factors that may prevent it.
Here are some additional resources for you. (Source: Childwelfare.gov)
ü Alaska, Idaho, Illinois, and Maine provide a continuation of inheritance rights if so stated in the adoption decree.
ü In Kansas, Louisiana, Rhode Island, and Texas, an adoption decree terminates the right of the birth parent to inherit from the adopted child. However, the adopted child may still inherit from the birth parent.
ü Illinois allows the birth parents to acquire from the adopted child’s estate any property gained from them as a gift, through a will, or under intestate laws.
ü In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person.
ü In fourteen States, if a stepparent adopts a child after the birth parent dies (as long as the deceased parent’s parental rights had not been terminated before their death), the adopted child’s right of inheritance from or through the deceased birth parent or any biological relative is unaffected by the adoption.
Can an Adopted Child Inherit from Adoptive Parents?
Yes, under adopted child inheritance law, adopted child has the same legal rights to their adoptive parents’ inheritance and assets as the biological children.
You become eligible to inherit your adoptive parent’s property the moment you are legally adopted.
What happens when they do not name you in their will?
Let’s say your adoptive parents exclude your name from their will. As a testator (Creator of the will), they can exclude anyone from their will, including their children. What happens then?
You can claim inheritance by contesting the will. Under the inheritance law, any family member can contest the will if they feel left out.
Once the will goes to the court for probate, you can file the contest. Winning the contest, however, may depend on the court’s outcome.
Contesting a will is a lengthy process and doesn’t always give the expected outcome.
As an adopted child, you have every legal right to your parents’ properties; hence, contesting a will can often be in your favor.
Here are some additional resources for you. (Source: Childwelfare.gov)
ü Intestate law applies to adopted children not mentioned in the adopted parents’ will. For example, suppose a will stipulates that all children of the deceased parent be entitled to an equal share. In that case, the adopted child is included automatically.
ü When a parent fails to provide for any of their children, whether by accident or if the person was adopted after the will was made, that person shall have a share of the parent’s estate as if the parent had died intestate.
To increase your chances of winning, consider lawyering up. Calculate whether it's worth the legal fight and what are the legal complications involved with the process.
What happens when they die without a will?
Let’s assume that they died without a will (Intestacy), which isn’t uncommon. What happens then?
Under the inheritance law, you can get the inheritance once all the property goes through the probate process.
This means everything owned at the time of their death will be distributed according to intestacy law. The property will be distributed to their surviving spouse and children.
An adopted child doesn’t need to contest the intestacy. However, other family members would contest the intestacy within two years of the person’s death. You can either decide to mediate outside the court or go through the usual legal proceedings.
Conclusion
Fortunately, you can inherit your adoptive parents’ estate with or without a will.
Claiming the inheritance with biological parents is quite complicated because most kids put up for adoption are either orphans or voluntarily relinquished by both biological parents.
Get in touch with Mark Gray Law PLC., the best attorney law firm in Ankeny, to learn more about your legal rights for inheritance as an adopted child.
