Richard P. Lindsey
rlindsey@webb-firm.com

Under the present law, adopted individuals enjoy the same inheritance rights as enjoyed by those individuals naturally born into a family. Not only do adopted children inherit from their parents, these adopted children also have the same rights regarding inheritance from grandparents, aunts and uncles, and other more distant relatives.

On the other hand, adopted individuals no longer inherit from the child's biological parents who surrendered their rights or had such rights otherwise terminated. Likewise, the adopted child will not inherit from the extended family of a parent's whose parental rights have been surrendered or otherwise terminated. In today's world of open adoptions and stepparent adoptions, it is not unusual for biological parents, biological grandparents, and other members of the biological family to have ongoing contact with the adopted child. If the biological parents, biological grandparents, or other members of the biological family wish to provide for the adopted child through inheritance, he or she must take legal steps to do so. This can only be done only through a written Will. Thus, if your child, grandchild, niece or nephew has been adopted by another person and you wish for that child to receive some portion of your estate upon your death, you must make such provision in your Will.

If you have questions regarding adoption and inheritance, please contact us. We will be happy to answer those questions.