Adoption and Florida Inheritances
Does an adopted child inherit from the parents who adopted him or her? What inheritance rights do adopted children have? In Florida, can an adopted adult daughter or son be excluded from a trust that allows all children of a certain person to inherit? What should Florida probate lawyers know about adoption and inheritance rights? Does Florida inheritance law differentiate between people who are adopted as a child vs. as an adult? A June 19, 2013 Fourth DCA opinion, Dennis v. Kline discusses this issue.
This case involved trust litigation. West Palm Beach probate lawyers know that, frequently, beneficiaries of Florida trusts fight over trust money, Here, one of the beneficiaries of a family trust brought a lawsuit in an attempt to exclude the adopted adult daughter of another beneficiary as a potential beneficiary. Although the circuit court granted summary judgment, excluding the adult daughter from becoming a beneficiary, the appellate court disagreed. The opinion acknowledges ” once a valid adoption has occurred, state law makes no distinction as to the extent to which an adult adoptee may become a beneficiary in probate proceedings… ” To read the entire case, click here.