Do Adopted Children Have a Right to Inherit in California?
In California, inheritance laws ensure that adopted children have the same rights as biological children. These rights apply whether the inheritance is governed by a will, trust, or the state’s intestacy laws. Do adopted children have a right to inherit in California? Let’s explore how these laws work and what adoptive families and estate planners should consider.
Adopted Children and Intestate Succession
If someone dies without a will or trust (intestate), California’s intestate succession laws determine who inherits their estate. Under these laws, legally adopted children are treated as legal descendants of their adoptive parents. This means that an adopted and a biological child are considered identical for the purposes of inheritance.
Adopted children have the same rights as biological children to inherit from their adoptive parents’ estates. For example, if a person dies intestate and leaves behind an estate, their adopted child has an equal claim to the estate as any biological children. If an adopted child were to contest an estate plan after their parent passed away, they would have equal legal standing to bring a contest as any of their parents’ biological children.
Adopted Children and Biological Parents’ Estates
On the other hand, adoption generally severs the legal relationship between the adopted child and their biological parents. This means adopted children typically do not have a right to inherit from their biological parents unless:
- The biological parent’s rights were not legally terminated before their death.
- The biological parent specifically names the adopted child in their will or trust.
Adopted Children in Wills and Trusts
When it comes to California estate planning, adopted children have the same legal standing as biological children. If an adoptive parent includes “my children” in their will or trust, the term is presumed to include both biological and adopted children unless explicitly stated otherwise.
To avoid ambiguity, it’s important for parents to clearly specify their intentions in estate planning documents. For example, using terms like “my biological children” or “my adopted children” can help clarify intent. Seek assistance from an experienced estate planning attorney when drafting your estate plan to avoid ambiguity and potential legal conflict after your death.
Stepchildren vs. Adopted Children
Many stepparents wonder if their stepchildren have a legal right to inherit from them. It’s important to note that stepchildren do not automatically have inheritance rights unless they are formally adopted. For more about inheritance and stepchildren, check out our blog post on this topic.
Adoption After the Death of a Biological Parent
If a child is adopted after one of their biological parents dies, California law ensures that their inheritance rights from the deceased biological parent are preserved. For example, if a child’s mother dies, and the child is later adopted by another family, the child may still inherit from their mother’s estate.
Key Takeaways for Adoptive Families and Estate Planners
In summary, here are some key takeaways:
- Adopted children have the same legal rights as biological children to inherit from their adoptive parents.
- Adoption severs inheritance rights from biological parents unless explicitly preserved.
- Stepchildren must be adopted or named in estate documents to have inheritance rights.
- Estate planning documents should clearly define who is included as “children” to avoid disputes.
If you’re navigating inheritance issues or updating your estate plan, consulting with an experienced estate planning attorney is crucial. They can help ensure your documents reflect your wishes and protect your family’s future. If you have any questions about inheritance rights in California, feel free to contact our law firm.
Law Offices of Daniel A. Hunt
The Law Offices of Daniel A. Hunt is a California law firm specializing in Estate Planning; Trust Administration & Litigation; Probate; and Conservatorships. We've helped over 10,000 clients find peace of mind. We serve clients throughout the greater Sacramento region and the state of California.