Inheritance is difficult for many families to process for a variety of reasons, not all of which are legal. Amidst their grief, family members must decide who the deceased’s belongings should go to and matters of inheritance can become significantly more complicated when adoption is involved.
Does adoption affect inheritance?
In South Carolina, a finalized adoption gives children the same rights as the biological children of the parents who have adopted them. Under law, an adopted person is recognized as the full child of their adoptive parents, giving them the right to inherit assets such as money, real estate, property and debts.
However, adoption also means a child loses the right to inherit from their biological parents. Adoption severs all legal ties between the child and their birth parents, though an adopted child is still able to inherit from their biological family if a will explicitly includes their name.
What if the child’s adoptive parents do not write a will?
If a parent of an adopted child does not write a will before their passing, then state intestacy laws will still apply. In South Carolina, this means that adopted children and biological children get an equal share of their parents’ estate.
Typically, if one parent dies, the children and the remaining parent split the estate in half. One half goes to the parent and the other to the children, who must then divide their share equally with one another. On the other hand, if both parents pass away, all of the children inherit everything equally.
Seeking legal guidance
Navigating the laws concerning wills, probate and estates with regards to adopted children can be difficult without the help of a legal professional. Many people consult attorneys to help them make sense of complex laws and understand their rights.