When Adult Adoption Goes Too Far (Relating to Inheritance)

by | Feb 7, 2022

When Adult Adoption Goes Too Far (Relating to Inheritance)

By: Barry E. Haimo, Esq.

February 7, 2022

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Adopted children in the state of Florida are considered “descendants” under the law of intestacy. This means that in the majority of cases, adopted children are treated as children for inheritance purposes. But you may be wondering under this jurisdiction “can an adult be adopted?” And if so, how is inheritance effected?

“Class Gifts” and Beneficiaries

If a lawfully adopted grandchild was deemed as an equal beneficiary of an estate, it is considered a “class gift”. The class is determined upon death of the testator (last will and testament) or grantor (trust). For example, if there are three legitimate grandchildren and one adopted grandchild, the adopted grandchild will receive an equal share, in this case, one-fourth.

But Can an Adult Be Adopted?

The issue presented here is that neither the law nor documents generally provide a limitation on adoption for purposes of class gifts. So can an adult be adopted under the terms of a will? And should there be age or timing limitations (such as when the order is entered)?  In the above example, consider if one of the children adopted an adult, thereby resulting in the deceased testator (last will and testament) or grantor (trust) having five grandchildren at the time of his death.

Under Florida jurisdiction, each beneficiary now goes from receiving one-fourth of the estate to one-fifth. If the estate is valued at several million dollars, that can be an expensive difference.

Take a look at a sample adult adoption clause:

Effect of Adoption. A legally adopted child (and any descendants of that child) will be regarded as a descendant of the adopting parent only if the petition for adoption was filed with the court before the child’s eighteenth birthday. If the legal relationship between a parent and child is terminated by a court while the parent is alive, that child and that child’s descendants will not be regarded as descendants of that parent. If a parent dies and the legal relationship with that deceased parent’s child had not been terminated before that parent’s death, the deceased parent’s child and that child’s descendants will continue to be regarded as descendants of the deceased parent even if the child is later adopted by another person.

At Haimo Law, we pay special attention to drafting and thoroughly discuss the terms for matters like adult adoption. Our goal is to help you make an informed decision that suits the needs of you, your family and your estate.

Originally published 02/07/2022. Updated 07/05/2013.

Author:
Barry E. Haimo, Esq.
Haimo Law
Strategic Planning With Purpose®
Email: barry@haimolaw.com

YouTube: http://www.youtube.com/user/haimolawtv

 

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