Does an Adopted Child Inherit Per Stripes?

Full question:

My uncle's estate was to go done among the family per stripes after his death. My parents adopted my sister's child. The family including my Uncle was against this and never recognized him as my parent's son but as their grandson being raised by the grandparents. Our mother died so when our great uncle died the money was to be given to mom's kids per stripes which my uncle told me meant to go to me and my sister not the adopted grandson which is my sister's son. He said that would not be according to per stripes because that would mean my sister's heirs would get more because the adopted child was her son. Therefore my uncle thought the per stripes would cover that. Was he wrong?

• Category: Adoption
• Date: 04/07/2025
• State: Florida

Answer:

Please see the following Florida statutes to determine applicability:

732.108 Adopted persons and persons born out of wedlock. —

(1) For the purpose of intestate succession by or from an
adopted person, the adopted person is a descendant of the
adopting parent and is one of the natural kindred of all
members of the adopting parent's family, and is not a
descendant of his or her natural parents, nor is he or she
one of the kindred of any member of the natural parent's
family or any prior adoptive parent's family, except that:

(a) Adoption of a child by the spouse of a natural parent
has no effect on the relationship between the child and the
natural parent or the natural parent's family.

(b) Adoption of a child by a natural parent's spouse who
married the natural parent after the death of the other
natural parent has no effect on the relationship between the
child and the family of the deceased natural parent.

(c) Adoption of a child by a close relative, as defined in
s. 63.172(2), has no effect on the relationship between the
child and the families of the deceased natural parents.

(2) For the purpose of intestate succession in cases not
covered by subsection (1), a person born out of wedlock is a
descendant of his or her mother and is one of the natural
kindred of all members of the mother's family. The person is
also a descendant of his or her father and is one of the
natural kindred of all members of the father's family, if:

(a) The natural parents participated in a marriage ceremony
before or after the birth of the person born out of wedlock,
even though the attempted marriage is void.

(b) The paternity of the father is established by an
adjudication before or after the death of the father.

(c) The paternity of the father is acknowledged in writing
by the father.

63.172 Effect of judgment of adoption. —

(1) A judgment of adoption, whether entered by a court of
this state, another state, or of any other place, has the
following effect:

(a) It relieves the birth parents of the adopted person,
except a birth parent who is a petitioner or who is married
to a petitioner, of all parental rights and
responsibilities.

(b) It terminates all legal relationships between the
adopted person and the adopted person's relatives, including
the birth parents, except a birth parent who is a petitioner
or who is married to a petitioner, so that the adopted
person thereafter is a stranger to his or her former
relatives for all purposes, including the interpretation or
construction of documents, statutes, and instruments,
whether executed before or after entry of the adoption
judgment, that do not expressly include the adopted person
by name or by some designation not based on a parent and
child or blood relationship, except that rights of
inheritance shall be as provided in the Florida Probate
Code.

(c) Except for rights of inheritance, it creates the
relationship between the adopted person and the petitioner
and all relatives of the petitioner that would have existed
if the adopted person were a blood descendant of the
petitioner born within wedlock. This relationship shall be
created for all purposes, including applicability of
statutes, documents, and instruments, whether executed
before or after entry of the adoption judgment, that do not
expressly exclude an adopted person from their operation or
effect.

(2) If one or both parents of a child die without the
relationship of parent and child having been previously
terminated and a spouse of the living parent or a close
relative of the child thereafter adopts the child, the
child's right of inheritance from or through the deceased
parent is unaffected by the adoption and, unless the court
orders otherwise, the adoption will not terminate any
grandparental rights delineated under chapter 752. For
purposes of this subsection, a close relative of a child is
the child's brother, sister, grandparent, aunt, or uncle.