PR 01410.011 Florida

A. PR 87-016 Right of An Adopted Child to Inherit from Natural Parent - Florida

DATE: October 13, 1987

1. SYLLABUS

LEGAL ADOPTION — FLORIDA

PARENT OR CHILD NOT ENTITLED TO INHERIT — FLORIDA

Under Florida law, an adopted person can inherit only from his adopting parent(s) having no inheritance rights against the natural parent(s) unless such person was adopted by the spouse of a natural parent and in such an event, the adopted person could inherit from that natural parent.

(Inheritance-Adopted Child from Natural Parent - RAIV [W~] - to AC, RSI, Balt., 10/13/87)

2. OPINION

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).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1501410011
PR 01410.011 - Florida - 02/15/2008
Batch run: 01/27/2009
Rev:02/15/2008