If I Am Adopted, Can I Inherit From My Adoptive Parents in Florida?

What do West Palm Beach probate lawyers need to know about adoption? What do Delray Beach estate planning attorneys need to know about adoption? In Florida, do adopted children inherit from the parents who adopted them? What about foster children? Do foster children in Florida have the same rights as adopted children? If I am adopted, can I still inherit from my biological father? If I’m adopted do I get to inherit from both my natural parents and my adoptive parents? A January 4, 2017  Court of Appeals of Texas opinion discusses adoption and a trust.

*Fun Facts*

1. Adoption is effective in both severing ties to the previous family and establishing the connection between the new family.
2. Florida does recognize the adoptions of other states.
3. Florida law treats married and unmarried fathers differently.
4. 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.
5. If you have a long term foster child they do not have the same rights as your biological children
6. An adopted child has the same rights of inheritance through intestacy as a biological child
7. Florida law only requires notice for fathers that have taken parental responsibility and most states have similar provisions

Andresakis v. Modisett

Although this is a Texas opinion, Florida trust and estate lawyers also encounter trusts that discuss adopted children. Here, there were three trusts. One trust benefited the only grandchild, Andresakis. The agreement, however, called for “additional separate trusts benefiting “any grandchild subsequently born to or adopted by [Paula L. Andresakis or Kenneth F. Cailloux and who survives for a period of at least six (6) months.”  The trust stated that any such additional trust for a later-born or later-adopted grandchild of the trustors was to be funded by partitioning assets from the trust estate benefitting Andresakis. One of the sons of the trustors ended up adopting his wife’s adult children. Does it make a difference that he adopted adult children rather than minor children? According to the trust’s language, are they entitled to inherit? Do they inherit right away or not until 6 months after?