Legal Question in Family Law in Tennessee
Adoption and inheritance
Can an adoptive parent of an adult child who was adopted at birth legally ''disown'' the child from any inheritance? My younger brother and I were both adopted at birth. My father plans in his will to leave everything to my brother and nothing to me. Can he do this?
2 Answers from Attorneys
Re: Adoption and inheritance
No parent is legally obligated to leave anything to their children, adopted or otherwise. Everyone has the right to choose their beneficiaries without any legal obligation to dictate how they do so.
Re: Adoption and inheritance
When property passes by "Will" the testator (the decedent) can direct the disposition of his real and personal property. A testator may disinherit his/her children; ie., a parent need not leave anything to his children or to a specifically identified child. This is true whether the person is adopted or naturally born to the parents. For purposes of intestate succession, an adopted person is treated the same as a natural child of the adopting parents. The adopted child can inherit from and through the adopting parents but--just as a natural born child can be disinherited...so can an adopted child. If it is the intent of the testator that you will not take of the will----adopted or not---you can be left out of the will.
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