Adopted Child's Right to Inherit
The Probate Pro The Probate Pro
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 Published On Dec 1, 2023

Darren Findling of The Probate Pro discusses an adopted child's right to inherit.

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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice.
Please note that these communications are not a consultation with a lawyer about the possibility of forming a client lawyer relationship with respect to a matter and do not establish an attorney-client relationship. None of the information should be considered legal advice.

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Can you inherit from your wealthy parents if you were adopted out as a child? hi I'm Darren Findling of The Probate Pro. Let's break this down. First, if there's a Will then the answer is of course, a Will allows for the person who creates it to give their assets to whomever they choose, whether it be a natural child a child adopted out a third party include the children don't include the children really full control over how they want their assets to be distributed but in the situation which there's no will we call that intestacy then the rules are defined by Statute and the statute says that a child who is adopted out is no longer a child of their natural parents they're now a child of the adopted parents and the right to inherit includes the right to inherit to and from the adopted parents but no longer from the natural parents now there's one exception to this Rule and that is in a step parent adoption situation in that set of circumstance then the public policy is to allow of course for the stepparent to adopt the child and for the U adoption to still allow for The Inheritance to occur but in most circumstances when there's an adoption out the only way to allow that natural child to continue to receive from the parent is through the creation and execution of a properly drafted will otherwise the natural child is no longer under the laws of intestacy a child of the decedent this can be quite unfair imagine a child who is raised and adopted ultimately by a grandparent and then later on in life restores their relationship with their natural parent and the natural parent accumulates some wealth doesn't seem so fair that they lose out on their right to inherit but that's the law and that's why it's so important to work with a skilled competent probate practitioner to do your estate planning to ensure that these odd results don't take place and that the intention of the person who is aging who has accumulated wealth is fulfilled don't leave it to chance don't leave it to the statute control the variables by creating a an appropriate estate plan if you got additional questions about probate related issues visit us at theprobatepro.com or call us at 833 PROBATE.

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