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:
- State: Florida
Answer:
In Florida, the law states that an adopted child is considered a descendant of their adoptive parents and is part of their family for inheritance purposes. This means that the adopted child is not a descendant of their biological parents or related to their biological family for inheritance matters (Fla. Stat. § 732.108).
When it comes to per stirpes distribution, which means dividing an estate among descendants, an adopted child is treated the same as a biological child of the adoptive parents. Therefore, if your uncle's estate is to be divided per stirpes among your mother’s children, the adopted child would also be included as a descendant of your sister.
In summary, your uncle's understanding that the adopted grandson would not inherit under per stirpes is not correct. The adopted child is entitled to a share of the estate just like any biological child of the adopting parents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.