Inheritance Rights of Adopted Children

An adopted child has inheritance rights from his adopted parents, but does he or she also have the ability to inherit from his or her birth parents as well?

2012-12-06

December 06, 2012 (Press-News.org) An adopted child has inheritance rights from his adopted parents, but does he or she also have the ability to inherit from his or her birth parents as well?

Inheritance rights vary by state and largely depend on whether or not the deceased had a will or estate plan. A valid will determines who will get what at the time of death, but without an estate plan assets will be apportioned pursuant to the laws of intestacy. Intestacy laws determine who will receive what assets. In New Jersey, the general rules provide for the spouse first, then the children, a finally the parents, if any.

New Jersey adoption and inheritance rights

In New Jersey, a valid adoption decree will generally:
- Terminate the birth parents' parental rights and responsibilities towards the child
- Terminate all inheritance rights under intestacy from or through the birth parent
- Terminate all rights of inheritance under intestacy from or through the child that existed prior to the adoption

In New Jersey, an adoption terminates the inheritance rights that generally flow between birth parents and children; but at the same time it creates inheritance rights between the adopted child and the adopted parents. An adopted child has the same inheritance rights as a birth child would have to his or her adoptive parents. And adoptive parents have the same rights as birth parents would have to their adopted child.

The above assumes, however, that the parent or children die without a will. A properly executed will can direct inheritance to any family member, friend or charity. It can also intentionally omit inheritance to a family member who would otherwise inherit under the laws of intestacy.

The importance of a properly drafted estate plan

A properly executed will, trust and other estate planning documents protect assets and ensure that your money and property are going to the people that you want them to. Failing to have a will or plan is more expensive and confusing for your loved ones and will not guarantee that your assets are distributed according to your wishes.

It is important to plan for the future. Contact an experienced estate planning attorney to learn more about the laws of intestacy and the benefits of estate planning. The only way to ensure that your assets are distributed to the people that you love is to have an estate plan.

Article provided by Keith, Winters & Wenning, L.L.C.
Visit us at www.kwwlawfirm.com/

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