Legal Question in Wills and Trusts in Florida

In a FL declaration of trust, a trust formed to protect and tranfer assets at death, a son (and if he is deceased, his childern are listed as benficiaries) is listed as a beneficiary. The brother is deceased, he had one child that was adopted at birth in NC. NC law considers this child a legal member of the adoption family and NOT a member of the biological family. Does the same hold true in FL, thus NOT considering the adopted child a beneficiary?

Asked on 10/19/11, 2:05 pm

2 Answers from Attorneys

Michael Sasso M. Daniel Sasso

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My suggestion is that you briefly use your computer to look up the following Florida statutes:

FS 732.108 which indicates the child that is or was adopted becomes a member (child) of the adopting parent and one of the natural kindred of all members of the adopting parent's family, and no longer one of the kindred of any member of the natural parent's family or a prior adoptive parent's family. Also FS 732.507 which may not be directly on point, but does discuss the law when the parent makes a Will or trust, and then adopts thereafter but fails to make a new Will or trust, or amend the same - While the previous un changed Will is not revoked, nonethless the child and or new spouse inherit similar as set forth under FS 732.301 and 732.302.

Hope this helps some. If much further explanation is needed it is best for you to seek an appointment with legal counsel.

Answered on 10/20/11, 10:32 am

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