Can an adopted child be cut out of their adopted parents' Will?

Asked 1 year ago under Wills, Trusts, Probate | 227 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 1 year ago

An adopted child has the same rights to inherit as do biological children; they also have the same rights regarding not inheriting. The fact is that a parent may disinherit their child. As a general rule, children have no right to inherit anything from their parents.

That having been said, most states do have laws to protect against accidental disinheritance. In rare cases, a child may have a right to “elect against the Will” if it appears the parent did not know about a child or if the child was born after the Will was signed (to disinherit these latter children, there must be specific disinheritance language in the Will). Otherwise, if there is a Will and you're not in it, you are not entitled to any of the estate.

Attorney Quick Finder

Top Ranking Attorneys

  • Maury Beaulier 286 Answers | Points 2750 Gold Contributor
  • Anne Brady 734 Answers | Points 750 Platinum Contributor
  • Theresa Langford 12 Answers | Points 550 Bronze Contributor
  • Richard Southard 187 Answers | Points 330 Silver Contributor
  • Shawn Jackson 84 Answers | Points 300 Silver Contributor
  • Nick Best 3 Answers | Points 150
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Anne Brady 734 Answers | Points 36680 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor