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

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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

Answers:

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

Answered 8 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.


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