Can an Adopted Child Inherit From His or Her Adopted Parents?
Under Ohio State Law, an adopted child is afforded the same legal rights to their adoptive parent’s inheritance and assets as any biological child. Legally, once a child is adopted, there is no difference between a person’s biological child and adopted child in regards to inheritance. This remains true even if the adoptive parents have perished without filing a formal will.
Can an Adopted Child Inherit From Biological Parents?
Once an adoption is finalized and the parental rights of the biological parents have been terminated, then legally, there is no connection between the child and the parents. However, birth parents may choose to include a biological child as a beneficiary in a will. This request will be honored as long as other family members do not contest the will and specific contact details are included. If a child’s birth parents perish without filing a formal will or a child is not included in the will, then inheritance is not automatic.
What is Intestate Succession?
Intestate succession is when a death occurs without the filing of a formal will, resulting in all assets of the deceased being granted to the next of kin. Assets that pass through probate are the only assets affected by intestate succession laws. Examples include:
- Property transferred to a living trust
- Life insurance proceeds that name a beneficiary
- Funds in an IRA or other retirement account that name a beneficiary
- Assets held in a transfer on death account
- Real estate with a transfer on death deed
- Vehicles with a transfer on death registration
- Payable on death bank accounts
- Property owned in joint tenancy or tenancy by the entirety
These assets will automatically pass to the surviving co-owner or the named heir regardless of the presence of a will. However, if no will has been filed and no heirs are alive to obtain possession of the assets, then the assets could end up being transferred according to the laws of intestate succession.
What is the Line of Succession for Death Intestate?
Under the laws of intestate succession, heirs are determined on whether or not there are living children, parents, or other close relative. The following list outlines beneficiaries in various circumstances:
- Children are living, and the spouse is deceased: Children inherit everything
- Spouse is living, but no children: Spouse inherits everything
- Spouse and children from the deceased and that spouse live: Spouse inherits everything
- Spouse and one child from the deceased and someone other than that spouse lives: Spouse inherits the first $20,000 of the property, plus half of the balance, and the descendants inherit the remaining estate
- Spouse and more than one child or descendants of those children live: If the spouse is the natural or adoptive parent of a shared child, the spouse will inherit the first $60,000 of the property and an additional one-third of the remaining balance. If the spouse is not the natural or adoptive parent of any shared child, the spouse will inherit the first $20,000 of the property plus one-third of the remaining balance. The descendants of the deceased will inherit the remainder of the property.
- Parents are living but no spouse or children: Parents inherit everything
- Siblings are living but no spouse, children, or parents: Siblings inherit everything
What are Children’s Inheritance Shares With Death Intestate in Ohio?
When a death occurs without the filing of a formal will, the children of the deceased will receive an intestate share of the estate. The size of the share depends on several factors, including if the children are recognized legally as kin.
- Adopted children: Children who are legally adopted will receive an intestate share equal to biological children.
- Foster children and stepchildren: Foster children and stepchildren who have not been legally adopted will not receive a share. However, if the deceased has no other living relatives, the stepchildren will have the right to an inheritance.
- Children placed for adoption: Children whom the deceased has placed for adoption and who were legally adopted by other parents will not receive a share. However, if the spouse of the deceased adopted the children of the deceased, that will not affect their intestate inheritance.
- Posthumous children: Children conceived by the deceased who were not born before the death occurs will receive a share if that child is born within 300 days after the death and survives until 120 hours after birth.
- Children born outside of marriage: If the deceased was not married to his children’s mother when she gave birth, then that child will receive a share of the estate as long as paternity has been established. Paternity must be confirmed by either genetic testing or acknowledgment by the deceased prior to death that he is the child’s parent, according to Ohio law.
- Children born during marriage: A child born to the wife of the deceased during the marriage is assumed to be the child of the deceased and will receive a share of the estate.
- Grandchildren: A grandchild may only receive a share of the estate if that child’s parent, the son or daughter of the deceased, is not alive to receive the share.
What are Other Ohio Intestate Succession Rules?
Intestate Succession Law is confusing even under ideal circumstances. For this reason, contacting the Lawrence Law Office for help is advised. Other intestacy laws include:
- Survivorship period: An heir must outlive the deceased by 120 hours in order to inherit under intestate succession statutes.
- Half-relatives: Siblings who do not share both parents inherit as if they did. For example, if the sister of the deceased shares a father but not a mother, then she would have the same right to the deceased’s property as she would if both parents were shared.
- Immigration status: Relatives who are entitled to an intestate portion of property will inherit regardless of legally being a United States citizen.
- Criminal convictions: If the perpetrator of a serious crime against the deceased is in line for succession, they may be prohibited from receiving a share of the estate.
Do I Need an Attorney?
Estate law is complicated. We are here to help. Call the Lawrence Law Office today at 614-228-3664 or fill out a contact form for a consultation.
