Hillsboro, TN asked in Estate Planning for Tennessee

Q: Can someone who was adopted by a step parent in early childhood claim their biological parents inheritance in tennessee?

Now the person is in their 40’s claiming to be a biological child and got a post death DNA test.

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: TCA 36-1-121(e) provides:

An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the adopted child. Notwithstanding subsection (a), if a parent of a child dies without the relationship of parent and child having been previously terminated and any other person thereafter adopts the child, the child's right of inheritance from or through the deceased biological parent or any relative thereof shall be unaffected by the adoption.

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