Legal Question in Wills and Trusts in Florida
Natural parent surrendered parental rights in 1970s for step parent adoption. 20 years later natural parent and child resumed 25 year relationship until natural parent's death. Natural parent always held out the child he allowed to be adopted as his daughter and inculded the daughter in Will with the same percentages as daughter from another marriage.
What is the difference between the daughters status in the Will if any? Is there any statute or case law that is beneficial to the daughter who was allowed to be adopted since the parties have maintained a father daughter relationship?
2 Answers from Attorneys
It is going to depend on what property there is and also what creditors there are. I am also assuming that this is in Florida.
First, anyone can leave anything they want to whoever they want; if the natural parent wanted to leave equal shares to his "adopted away" daughter and his other daughter, he has every right to do so.
The only wrinkle is going to be IF there are a lot of unpaid bills; and "exempt" property. The major exemptions in Florida are for the homestead (the house he lived in); automobiles and trucks owned by him and "tangible personal property" up to $10,000 in value- Stuff, in other words, furniture, jewelry, clothes, pots, pans, dishes, computer, guns, whatever- "Stuff" that you can pick up or point to as opposed to intangible personal properrty like bank accounts and things like that. IF there are more bills than non exempt liquid assets, then IF the homestead, vehicles and tangible personal property are devised to a family member THEN the house and the cars and the 'stuff' goes to them without having to be used to pay the bills. Because the parent had his parental rights legally terminated, the adopted away daughter is probably not considered family under the law and some of the stuff might have to be sold to pay creditors; on the other hand, if there aren't a lot of bills, or if there's sufficient non exempt assets to pay the bills, then it really wouldn't matter.
She is entitled to the share she was given by the will.