Can a child who was given up for adoption still inherit from their biological parent?

UPDATED: May 31, 2012

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Can a child who was given up for adoption still inherit from their biological parent?

My grandmother recently passed, her estate is divided between her 2 sons; 1 of which is deceased so it states that his children inherit. He had a child 14 years ago who was adopted. Does that child also receive part of his inheritance from his mother?

Asked on May 31, 2012 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In some states the parent-child relationship is severed by the adoption decree, except as to the issue of inheritance rights; they can in fact inherit. In other states the relationship is completely severed; therefore unless the child is specifically named in the deceased's Will, they would not be entitled to any of the estate.

What you need to do now is to consult with a probate attorney in your area. They can best advise specifically as to your state's law regarding this issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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