Adopted Kid’s Probate Rights in Florida

Usually, Florida law does not permit an embraced child to inherit through intestacy from his or her birth parents. The limited exception to this rule is when an embraced child’s birth parent passes away but his or her surviving moms and dad remarries a stepparent who consequently adopts his/her departed partner’s biological kid. In this restricted scenario, the adopted child of his/her stepparent and biological child of his/her deceased moms and dad can inherit from both moms and dads.

The share that an embraced kid gets pursuant to Florida’s intestacy laws will not typically depend on whether she or he was pretermitted or left out in his or her parent’s will.
Florida’s intestacy succession laws determine the order of top priority regarding which loved ones are entitled to get a fixed share of an individual’s estate if he or she dies without a Will or without a validly developed Will. Florida law thinks about an adopted kid as a lineal descendant of his or her adoptive moms and dads and his or her siblings.

Thus, if the adopted child survives his/her birth parents, he or she is not entitled to get an intestacy share from his/her biological parents. However, if his or her birth parents include him or her in their wills, she or he might receive a bequest under his/her moms and dads’ wills.