Florida Adult Adoption and Inheritence

When clients come to me and ask about the effects of Florida adult adoption, one subject that often comes up is how an adult adoptee will be treated for purposes of inheritance and the laws of intestacy.  Florida estate planning attorney Barry Haimo discusses this subject in a recent blog article:

Florida law provides for adopted children to be included in the definition of descendant for purposes of the laws of intestacy. Most documents provide similar language to ensure that adopted children are treated as children for inheritance purposes…

The issue presented here is that neither the law nor documents generally provide a limitation on adoption for purposes of class gifts. Should there be age limitations? Timing limitations (such as when the order is entered)? In this regard, we’re really focusing on adult adoption…

Haimo then provides sample language to include in a will if the goal were to exclude an adult adoptee from being a beneficiary:

Effect of Adoption. A legally adopted child (and any descendants of that child) will be regarded as a descendant of the adopting parent only if the petition for adoption was filed with the court before the child’s eighteenth birthday.

Of course, if you were looking to include an adult adoptee as a beneficiary, such as when a foster parent adopts an adult foster child, your estate planning documents should specify this desire.

If you have questions regarding Florida adult adoptions and you wish to speak with a Tampa Bay Adoption Attorney, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

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