Oklahoma Estate Planning Involving Adopted Children

For individuals who die without a will in the state of Oklahoma, that individual’s assets will proceed to the individual’s closest relatives under state “intestate succession” laws. Intestacy law in the state of Oklahoma is particularly complicated and can include a variety of issues. One common question by many individuals in the estate planning process is what effect an adoption will have on a child who desires to collect an inheritance of a biological parent under applicable law.

Law about Wills in the State of Oklahoma

For individuals who die without a will in the state of Oklahoma, that individual’s children will receive an “intestate share” of that individual’s property. For children to inherit under these laws, the state of Oklahoma must consider these individuals the legal children of the deceased individuals. Determining whether an individual is legally a deceased individual’s family can be significantly influenced by whether an individual is adopted. Children who are legally adopted will receive an intestate share in the same way as biological children. Foster children and stepchildren who were never legally adopted will not automatically receive a share of a deceased individual’s state. Conversely, children who were placed for adoption and legally adopted by another family will not receive a share of the individual’s inheritance.

The Rights of Adopted Children

Most adoptions sever the legal relationship that a child has with a biological parent in order to create the relationship that the child has with the adoptive parent. When a parent dies without having an estate plan in place, that parent’s children (including both biological and adopt children) have several inheritance rights in relationship to a portion of the deceased parent’s estate. These rights include: the right to receive property from the child’s adoptive parent under intestacy law, the child’s right to receive a portion of an adoptive parent’s estate if the parent accidentally left the child out of a will, and the right of a child to be included in the adoptive parent’s references to “all my children”.

Second and Step Parent Adoption

The adoption of a minor child creates a legal parent-child relationship between thile child in question and the adoptive parent, which severs the legal relationship between the child and biological parent with the exception of second and step-parent adoption. Step-parent and second parent adoption allow a child to be adopted by a step parent or another adult without severing dies with an existing biological parent. Many individuals have discovered that second and step-parent adoption are particularly excellent ways for blended or nontraditional families to create new parental relationships without destroy other relationships. If the consent of a biological parent cannot be obtained that parent is deceased, it is still possible for a child to retain a legal connection the child’s deceased parent’s family.

Obtain the Services of a Skilled Oklahoma Estate Planning Attorney
Attorney Jim A. Lyon in Oklahoma City has significant experience helping individuals with a variety of estate planning issues. Do not hesitate to contact the Jim A. Lyon Law Firm in order to obtain valuable counsel in navigating the variety of issues that can arise concerning estate planning.