Sunday, July 10, 2005

Adoption - Intestate Share Impact in Florida

Yes, the person adopted has the same rights to receive property from their adoptive family as if they were a lineal descedant but in most situation they will no longer be entitled to receive property through intestate succession from their natural parents. Florida Statute 732.108 provides the adopted person is a lineal descendant of the adopting parent and is one of the natural kindred of all members of the adopting parents family and is not a lineal descendant of his or her natural parents nor is he or she one of the kindred of any member of the natural parents family or any prior adoptive parents family except adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parents family. (other exceptions exist see Florida Statute 732.108)