Adoption and Estate Planning in Oklahoma is a common concern. One of the questions people have is if the person adopted is entitled to inherit from both their natural parents and their adopted parents. Still more questions involve if the adopted person can inherit property through a will or by intestate distribution. If you’ve got questions regarding adoption and estate planning read on for some answers.
Adoption and Wills and Trusts
One way an adopted person can inherit from their biological parents as well as their adoptive parents estate is if they’re included in the will. Parents who are separated from their natural children by adoption can choose to include those children as beneficiaries in their will. On the other hand, a parent may use the will to explicitly disinherit a child they surrendered for adoption. As is the case with any valid will the person making the will can decide who they wish to give their property to and who they wish to exclude from their will.
Intestacy Laws and Adoption
If the parent of an adopted child dies intestate, or without a will, that child is entitled to receive a portion of that parent’s estate. Unlike a step child, who does not receive by intestate distribution, an adopted person inherits property just like any other natural child does. If the adopted child has siblings and the siblings are natural children it doesn’t matter. The adopted child shares in the same amount and in the same way as the natural children. This means that all of the children both natural or adopted receive in equal shares. This same thing applies to the grandchildren of the adoptive parent. In the event that they predecease their kids those grandchildren receive the adoptive child’s share.
Shares of The Natural Parents Estate
There are no statutory provisions in Oklahoma that limit an adopted child’s statutory rights to inherit from its natural parent. Therefore, a child may inherit through his natural parents even after he is adopted away from his natural family. Furthermore, adopted persons can inherit from their adoptive parents as well. As set out above if an adoptive parent dies intestate or accidentally leaves an adopted child out of their will, that child is entitled to receive a portion of that parent’s estate. Since adopted persons can inherit from both their adoptive and natural parents, they have the benefit of possibly receiving a double-inheritance.
Oklahoma Probate Attorneys
Adoption and estate planning in Oklahoma doesn’t have to be so complicated. If you’re planning to adopt a child or have step children and have questions about passing your estate to them we can help. Our Tulsa Oklahoma probate attorneys have helped countless people with all of their estate planning needs. Call for a free consultation today at 918.743.2233