A very interesting case was just handed down by the Fifth District Court of Appeals in Florida earlier this month. On February 6, 2015 the Court dealt with the case of Kemp v. Chisolm. Any Palm Beach Probate Attorney has been fielded with questions regarding adoption and inheritance. This case is a great way to illustrate the basics of how adoption affects inheritance rights.
- Lisa Chisolm was born in early 1961 to an unwed mother, fathered by a man who was never told of her existence.
- Chisolm was given up for adoption and cut off from both of her parents for her adolescence.
- Chisolm’s father and her reconnected later in life and had a close relationship.
- The father died intestate (without a will) and without a spouse or other (non-adopted children).
- The father’s other potential heirs contested the right of Chisolm to probate the will as administrator arguing that since she was adopted by the Chisolm family she had no claim to the father’s estate.
- Chisolm argued that the adoption (which occurred in Texas) was invalid because her father was never given notice of it, and that ran afoul with due process.
- The Court ultimately held that the adoption was valid because Texas did not require notice at the time of the adoption it could not invalidate the adoption on such grounds.
I’m not entirely sure why the father here did not make a will if he had assets worth debating in court, perhaps he died un-expectantly but that’s why you should always plan ahead. This seems like a predicament that could happen to any wealthy individual who at one point had a child put up for adoption.
Here are some basics about adoption and inheritance:
- Adoption is effective in both severing ties to the previous family and establishing the connection between the new family.
- Florida does recognize the adoptions of other states.
- Florida law treats married and unmarried fathers differently.
- Adoption laws are not retroactive in other words the fact that the law in Texas requires notice to a father prior to an adoption does not mean that the requirement applies to adoptions prior to that law taking effect.
- If you have a long term foster child they do not have the same rights as your biological children
- An adopted child has the same rights of inheritance through intestacy as a biological child
- Florida law only requires notice for fathers that have taken parental responsibilityand most states have similar provisions
Want to read the whole case check it out here: http://www.5dca.org/Opinions/Opin2015/020215/5D13-2790.op.pdf