Legal Question in Wills and Trusts in Florida

Are adopted children considered legal heirs?

My mother died 3 years ago; my dad just passed away over

Thanksgiving. Dad left no will, and a small insurance policy of a

approximately $4k. Out of 3 children, the eldest two were from

Mom's previous marriage and were eventually adopted by Dad.

Now Dad's 'natural' child is insisting that all adoption papers/birth

certificates be handed over to her, as she has been advised that

these records will be necessary in order to protect her rights and

interests. It sounds to me like she is trying to make sole claim on

the estate and thereby exclude the two adopted children as they

are not Dad's 'natural heirs.' Is there any chance that this could

happen? Why would she need our birth certificates and adoption

records? The small amount of money is not the issure here; In

addition to having to deal with the loss of our dad, we now are

looking at being disowned completely! Any advice will be most

greatly appreciated!


Asked on 12/14/03, 9:35 am

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Are adopted children considered legal heirs?

In Florida legally adopted children are treated the same as naturally born children of the parents for purposes of distributing an estate without a will.

Should you have further questions, please feel free to contact me via email or phone at (407) 353-4728.

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Answered on 12/14/03, 10:46 am


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