Inheritance right from birth parent

[Aussiedad]

Jurisdiction

Florida

Mother and father divorced in Ky. Mother remarried in Ga. Stepfather adopted me in Ga. Mother and stepfather passed a few years ago. Estranged Birth father recently died while residing in Fl. Would I have any inheritance rights? Thanks

 

[Aussiedad]

To add to this, at first I thought no from my research, But it seems the law gets a little Murky when it's a stepparent adoption.

 

[mightymoose]

Did any of them have a will?

 

[Aussiedad]

Yes, when Mother passed estate was divided equally between 4 children. Birth father had a will too, but have not seen it. I would assume I'm not in it. Actually that's why I'm asking. Brother who was not adopted by step parent is soul heir.

 

[adjusterjack]

Nobody has any inheritance "rights." Whether you inherit is entirely up to the testator.

Birth father had a will too, but have not seen it. I would assume I'm not in it. Actually that's why I'm asking. Brother who was not adopted by step parent is soul heir.

You can review the will in the probate court file where he died. If you are not named in it, you get nothing because the legal relationship was severed by your adoption.

 

[mightymoose]

If there was a valid will there may not be much of an option.
You would need to acquire the will and determine if there are any grounds to pursue legal action. You will need assistance from an attorney if you intend to challenge the will, and the attorney could help you to obtain the will.

 

[zddoodah]

Mother and stepfather passed a few years ago. Estranged Birth father recently died while residing in Fl. Would I have any inheritance rights?

If your stepfather adopted you, then he became your father, and your birth father ceased to have any legal connection to you (there's nothing "murky" about this). You have no right to inherit from your birth fathers estate unless he had a will that left something to you. The extent to which you have rights to inherit from your mother's and (step-)father's estates depends on their state(s) of residence at the times of their deaths and the terms of their wills (if they had wills).

Birth father had a will too, but have not seen it. I would assume I'm not in it. Actually that's why I'm asking. Brother who was not adopted by step parent is soul heir.

If you haven't seen your birth father's will, then how could you know that your brother is his "soul [sic] heir"? Have you asked your brother about this?

 

[Aussiedad]

If your stepfather adopted you, then he became your father, and your birth father ceased to have any legal connection to you (there's nothing "murky" about this). You have no right to inherit from your birth fathers estate unless he had a will that left something to you. The extent to which you have rights to inherit from your mother's and (step-)father's estates depends on their state(s) of residence at the times of their deaths and the terms of their wills (if they had wills).



If you haven't seen your birth father's will, then how could you know that your brother is his "soul [sic] heir"? Have you asked your brother about this?

I have not spoken with him. Our relationship is not good. I'm basing this on court information I found online regarding probate. It's possible I'm misinterpreting something, but I'm assuming if I was named in the will I would have been contacted by now.

I have written the county and requested a copy of the will.

Regarding ceasing to have a legal connection to my father, I thought the same thing until I read this. Read the part under considerations.

Florida Adoption & Inheritance Laws

Again, I was adopted in Ga., so even if this is true, it may not apply. If it is true, I'm wondering if this would be grounds to challenge the will even if I'm not named. I suspect it's very possible my brother had my father change his will in his dying days. Again, just a suspicion. Why else would a father disinherit 3 of his 4 children?

 

[zddoodah]

Regarding ceasing to have a legal connection to my father, I thought the same thing until I read this. Read the part under considerations.

Florida Adoption & Inheritance Laws

I assume you're talking about this sentence: "In some situations, an adopted child can legally claim an inheritance from both the parents who adopted him and his birth parents."

I'm not in Florida, and the article unfortunately doesn't further discuss that subject. However, it appears that it is talking about section 732.108(1) of the Florida Statutes:

"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."

Everything before the words "except that" is what I was previously talking about . However, section 732.108(1)(a) appears to apply to you since you were adopted "by the spouse of a natural parent." The plain language of this sub-section says that such an adoption "has no effect on the relationship between [you] and [your birth father] or [his] family." The statute does not indicate that the location where the adoption took place is relevant.

Keep in mind that this section only applies "[f]or the purpose of intestate succession" (i.e., it only applies if your birth father died without a will). If he had a will, then the will governs. Either way, if there's a probate case pending regarding your birth father's estate, you should seek to obtain as much information as you can about it.

If it is true, I'm wondering if this would be grounds to challenge the will even if I'm not named.

No, it would not. As mentioned above, the law I quoted above applies only where the deceased did not have a will.

I suspect it's very possible my brother had my father change his will in his dying days. Again, just a suspicion. Why else would a father disinherit 3 of his 4 children?

The only way that your stepfather could have adopted you is if your birth father consented to it or the court terminated his parental rights. Either way, section 732.108 notwithstanding, you weren't his child anymore, and parents leave their adult children out of their wills all the time for all sorts of reasons.

 

[KatDini]

I assume you're talking about this sentence: "In some situations, an adopted child can legally claim an inheritance from both the parents who adopted him and his birth parents."

I'm not in Florida, and the article unfortunately doesn't further discuss that subject. However, it appears that it is talking about section 732.108(1) of the Florida Statutes:

"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."

Everything before the words "except that" is what I was previously talking about . However, section 732.108(1)(a) appears to apply to you since you were adopted "by the spouse of a natural parent." The plain language of this sub-section says that such an adoption "has no effect on the relationship between [you] and [your birth father] or [his] family." The statute does not indicate that the location where the adoption took place is relevant.

Keep in mind that this section only applies "[f]or the purpose of intestate succession" (i.e., it only applies if your birth father died without a will). If he had a will, then the will governs. Either way, if there's a probate case pending regarding your birth father's estate, you should seek to obtain as much information as you can about it.



No, it would not. As mentioned above, the law I quoted above applies only where the deceased did not have a will.



The only way that your stepfather could have adopted you is if your birth father consented to it or the court terminated his parental rights. Either way, section 732.108 notwithstanding, you weren't his child anymore, and parents leave their adult children out of their wills all the time for all sorts of reasons.

And I would suspect that the natural parent mentioned in section 732.108(1)(a) has more to do with the parent that is married to the adopting parent than the parent who has given up parental rights.

 

[Aussiedad]

I assume you're talking about this sentence: "In some situations, an adopted child can legally claim an inheritance from both the parents who adopted him and his birth parents."

I'm not in Florida, and the article unfortunately doesn't further discuss that subject. However, it appears that it is talking about section 732.108(1) of the Florida Statutes:

"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."

Everything before the words "except that" is what I was previously talking about . However, section 732.108(1)(a) appears to apply to you since you were adopted "by the spouse of a natural parent." The plain language of this sub-section says that such an adoption "has no effect on the relationship between [you] and [your birth father] or [his] family." The statute does not indicate that the location where the adoption took place is relevant.

Keep in mind that this section only applies "[f]or the purpose of intestate succession" (i.e., it only applies if your birth father died without a will). If he had a will, then the will governs. Either way, if there's a probate case pending regarding your birth father's estate, you should seek to obtain as much information as you can about it.



No, it would not. As mentioned above, the law I quoted above applies only where the deceased did not have a will.



The only way that your stepfather could have adopted you is if your birth father consented to it or the court terminated his parental rights. Either way, section 732.108 notwithstanding, you weren't his child anymore, and parents leave their adult children out of their wills all the time for all sorts of reasons.

I understand. My brother inherited his share (1/4) of my mother and step father's estate and now it appears 100% of my father's estate. It wouldn't surprise me if he told my father he didn't inherit anything from my mother, or something along those lines. Obviously this would impossible to prove. It's just not right, but I know too well that life is not fair. I will follow what I can regarding the probate process. It appears it's nearing the end. The last entry shows sent to judge for review on 2/4/19. Then I suppose it will be time to move on. I coonsidered contacting an attorney, but wanted to get some other opinions before I even went that far. I really didn't think I had any chance of obtaining anything from this, but thought it was at least worth asking about.

Also, I found some reviews of the attorneys involved that led me to think they might be a little shady. There's something off about the whole thing in my opinion, but it doesn't appear there is anything I can do about it.

 

[zddoodah]

And I would suspect that the natural parent mentioned in section 732.108(1)(a) has more to do with the parent that is married to the adopting parent than the parent who has given up parental rights.

I think what you're saying is that -- put in the context of the OP's situation -- section 732.108(1)(a) means the following: "Adoption of [the OP] by the spouse of [the OP's mother] has no effect on the relationship between the child and the [OP's mother] or the [OP's mother's] family.

One problem I have with section 732.108(1) is the following: It first says that, "[f]or the purpose of intestate succession by . . . an adopted person, the adopted person . . . is not a descendant of his or her natural parents" (plural). It then immediately switches and says that the adopted person is not "one of the kindred of any member of the natural parent's family or any prior adoptive parent's family" (singular).

So...how exactly does this apply when a stepparent adoption occurs? In the OP's case, the mother remained a legal parent, but the stepfather replaced the birth father as the OP's legal father.

I initially interpreted section 732.108(1)(a) as indicated in my prior response. Your interpretation (if I'm reading you right) is not implausible, but I also feel like it's a bit of a "duh." No one would think that a stepparent adoption would impact the relationship between the child and the parent who is not adopting (in the OP's situation, his/her mother), so why would it be necessary to have a statute that says that. Ultimately, and without looking at any cases, I'm inclined to stick with my prior interpretation, but I absolutely encourage the OP to consult with a probate attorney in the area where the probate case is happening. Of course, if the OP's birth parent had a will, then this becomes a rather academic discussion.

but it doesn't appear there is anything I can do about it.

I would say that's probably the case -- especially if your birth father made a will -- but no one here can foreclose the possibility.