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Understanding Adoption and Inheritance in Georgia Estate Planning

Posted by Joel Beck | Aug 15, 2023 | 0 Comments

We often encounter queries from our clients regarding the inheritance rights of adopted children and biological parents. For instance, does an adopted child have the right to inherit from their biological parents? Or, if you've given up a child for adoption, can they inherit from you? Let's make this crystal clear - according to Georgia law, an adoption severs all legal ties between the adopted individual and their biological relatives, which includes biological parents. Consequently, an adopted person doesn't have any inheritance rights with regard to their biological parents. This is noted under Georgia law at OCGA 19-8-19.

Clarifying Adoptive Inheritance Rights

Continuing with the previous section, what if an adopted individual questions if they can inherit from their adoptive parents? This is where the situation takes a different turn. As per the law, an adopted person is treated just like a natural child of their adoptive parents. Therefore, if the adoptive parents die without a will, technically referred to as "dying intestate," the adopted child will inherit just like any naturally born child. However, it's essential to note that adoptive parents, through their own estate planning using a will or trust, can choose to disinherit anyone, including an adopted child, for any reason or no reason at all.

What If A Biological Parent Wants To Leave Something for Their Biological Child?

While the adoption process severs legal ties, it doesn't stop emotions and connections. If a biological parent wishes to leave something for their biological child who has been adopted by others, they can. The way to do it is by making a specific gift to the individual via a will or trust. Only in this manner can an adopted person inherit from a biological parent.

Guidance for Inheritance Laws

As you can see, understanding inheritance laws can be complex, especially when situations such as adoption are involved. We're here to guide you through these complexities. At Peach State Wills & Trusts, we're dedicated to helping you understand and navigate these processes. By ensuring you have a comprehensive understanding of your legal rights and options, we assist you in making the best decisions for documenting your own wishes with a well-written estate plan.

Contact Peach State Wills & Trusts Today

Estate planning is an essential process that requires careful thought and understanding. It's not just about distributing your assets, but about securing your loved ones' future and creating your legacy. At Peach State Wills & Trusts, we're committed to providing you with comprehensive estate planning services to help you accomplish your goals. Contact us at 678-344-5342 to learn how to plan for inheritance situations in Georgia today. For additional information about estate planning in Georgia, download our free guide here, with no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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