Kendall Park, NJ asked in Adoption and Probate for Florida

Q: Adopted children

My brother gave up his daughter and allowed his ex wife's husband to adopt her. He passed away in November 2016. We are trying to settle his estate. I received a letter from the military pension and retirement that they need the address of this child. Is she entitled to his estate if she was adopted and he gave up his rights when she was about 2

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1 Lawyer Answer
Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Adoption alone does not necessarily eliminate inheritance rights. That said, if his parental rights were properly terminated when he gave the daughter up for adoption, then the daughter may have no inheritance rights.

Here are the exceptions for children who were adopted and whose natural parent did not terminate parental rights:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.108.html

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