On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | June 27, 2022 | Estate Planning
Florida law treats adopted children and stepchildren differently for the purposes of inheritance. Legally adopted children are treated the same as children born to their parents and are considered lineal descendants of their adoptive parents and grandparents. Adoption terminates the rights of the biological parents and family, but there are exceptions. Similarly, adoption terminates the rights of the child to inherit from biological parents and their families.
Sometimes people who have good relationships with their stepchildren assume stepchildren inherit without a will. However, if there is not a legal relationship between two people, there is usually no right to make a claim by one as to the estate of the other. The result is that stepchildren typically are not treated as beneficiaries of the estate of a stepparent under the law.
Therefore, if someone wants their stepchild to be treated like their own child for inheritance purposes, they need to either adopt that child or specifically include the stepchild in their will or trust. Similarly, if a person wishes to disinherit an adopted child, they must specifically do so in their will or trust.
Given that every family situation is unique, it is incredibly important to discuss your concerns and wishes with your estate planning attorney so that your wishes are addressed in your estate plan.
