Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida

Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents. Florida Statute 63.172 (2) If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752. For purposes of this subsection, a close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.

You should speak with a Florida Probate Attorney for additional feedback and specifics related to your circumstances precisely.

Ira Markowitz agrees with this answer

Ira Markowitz
Ira Markowitz
PREMIUM
Answered
  • Estate Planning Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: I agree with the previous comment.

However, you didn't say what State and County your natural mother was last a resident nor did she have a will

nor if she owned a Homestead residence.

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