In response to your inquiry concerning the accuracy of the Florida entry in Program
Operations Manual System (POMS) GN 00306.300 (Summary of State Laws on the Right of Adopted Child to Inherit from Natural Parent),
the present entry for Florida does not accurately reflect Florida law. On and after
January 1, 1976, an adopted person is the lineal descendant only of the adopting parent(s)
for inheritance purposes. In the event a person is adopted by the spouse of a natural
parent, however, the adopted person can inherit from that natural parent. Fla.Stat.Ann.
§732.108(1). Prior to January 1, 1976, the adopted person could inherit from both
the natural and adopting parents. In re Levy's Estate, 141 So.2d 803 (1962). Under Florida law, it is the law in effect at the time of
the adopting or natural parent'(s) death and not the law in effect at the time of
adoption that governs the adopted person's inheritance rights. In Re Mooney's Estate, 395 So.2d 608 (1981; Estate
of Huskea v. Doody, 391 So.2d 779 (1980).
For purposes of amending the Florida entry in POMS GN 00306.300,'the following language is suggested:
FLORIDA - On and after January 1, 1976, an adopted person can inherit from the adopting
parent(s) who die on or after that date but not from the natural parent(s) unless
the person is adopted by the spouse of the natural parent. If the adopting or natural
parent(s) died prior to January 1, 1976, the adopted person could inherit from either
or both the natural and adopting parent(s).