Legal Question in Wills and Trusts in Arkansas

Pursuant to Arkansas Code Annotated 9-9-203, any individual may be adopted. The effect of a decree of adoption is described in Arkansas Code Annotated 9-9-215. One such effect is the adopted individual is treated as a legitimate blood descendent for all purposes including inheritance (conversely the adoption has the effect of terminating the legal relationship with the adopted individual's biological relatives including for inheritance purposes).

As such, generally speaking, a child that has been validly adopted in Arkansas would be included in the class of the adoptive parent's biological children for class distribution purposes.

If a parent makes a class gift to his children to be divided equally among them, an adopted child should inherit a portion equal to the other children.

Keep in mind; however, there is no requirement that a parent leave his children equal shares or any property at all. A parent is free to disinherit a child(ren) and to leave any or all property to unrelated persons or entities.

This answer is provided for information purposes only, and should not be relied upon as legal advice. There are no representations made as to its accuracy or currentness. If you are in need of legal representation you should contact an attorney.

My firm handles probate; estate planning; and family law matters, including adoption, in Arkansas. If you need to speak with an attorney, please call my office at 501-837-2534 to schedule a free consultation. Good luck.