An adopted child can challenge a will if they believe it has little to no provision for them. In any case, the law considers adopted and biological children as equals. They have every right to inheritance, like their biological siblings. However, adopted children can only file an inheritance claim from their adoptive parents rather than their biological parents. This guide explains inheritance rights for adopted children to help you challenge a will and claim your rightful provision.
The Basics of Inheritance Rights for Adopted Children
An adopted child automatically gains equal inheritance rights as a biological child. In any case, a legal adoption establishes a parent-child relationship, granting the adopted child the same rights as the testator’s biological children. The adopted child loses inheritance rights from birth parents only in special circumstances.
If the adoptive parent passes on without a valid will, intestate succession laws take precedence. State laws determine the distribution of the deceased’s estate among the beneficiaries. If the biological children deny the adopted child their share of the inheritance, the adopted child can initiate estate litigation to claim their inheritance.
What the Court Considers in Estate Litigation Involving an Adopted Child
The court considers various circumstances in estate litigation involving adoptive children. The probate course will assess the deceased’s estate, the financial needs of the adopted child and other beneficiaries, the applicant’s physical or mental disabilities, and any obligations of the deceased toward the adopted child.
When and How to File a Claim Against an Adoptive Parent’s Will
An adopted child can challenge an adoptive parent’s will at any time before it goes into probate. Applicants must have sufficient grounds to challenge the will in estate litigation procedures. The most practical way to ensure successful litigation is by hiring an experienced estate litigation attorney.
Consult Experienced Estate Litigation Lawyers
Understanding inheritance rights for an adopted child can be daunting for families. Fortunately, hiring an experienced estate litigation attorney can help you challenge a will if you believe it violates your inheritance rights. Our competent attorneys at The William Litigation Group can request the court to review a will and safeguard your inheritance rights. Contact us today for a consultation and speak with our lawyers.