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Adoption and Inheritance Rights

This article will really only pertain to dying without a will or if you choose to leave a child out of your will (disinherit them).

It’s becoming increasingly more common for people to choose to adopt children to grow their family. But, how does that impact how your estate will pass on after you’re no longer here?

The state of North Carolina is very clear on the rights of adopted children: they’re treated the same as natural children when it comes to inheritance. Whether either you or your spouse is the natural parent of the child, it does not matter. If you take the legal steps necessary to legally adopt a child (or an adult for the matter), they become your legal child for purposes of inheritance.

With that said, you should never just rely on the state’s default rules to control your estate. Whether your children will take from your estate with or without a will is not the issue – your actual intentions will not be given any consideration if you die without a will.

Meet with a Estate Planning attorney to discuss an overall Estate Plan.

Author Bio

Paul Yokabitus

Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.

Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.

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