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Adult Adoption Maternal Grandmother Inheritance

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marthatash

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania/South Carolina

I am in my mid 30's and a close friend her late 60's who has been like a mother to me for many, many years would like to adopt me. I understand that I would be legally severing ties with my biological family. The only family connection that I do have is a maternal grandmother. If I were to be adopted, how would this affect my relationship with my grandmother? If she were to leave me anything in her estate, would I have pay additional taxes because I am no longer legally related to her? I am in Pennsylvania and my grandmother resides in South Carolina.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania/South Carolina

I am in my mid 30's and a close friend her late 60's who has been like a mother to me for many, many years would like to adopt me. I understand that I would be legally severing ties with my biological family. The only family connection that I do have is a maternal grandmother. If I were to be adopted, how would this affect my relationship with my grandmother? If she were to leave me anything in her estate, would I have pay additional taxes because I am no longer legally related to her? I am in Pennsylvania and my grandmother resides in South Carolina.
If an adult adoption is permitted in your state that would mean that you would no longer be legally related to any of your biological family. Your biological grandmother could still leave you something in her will if she mentions you by name, but you would no longer be entitled to any inheritance based on relationship, because you would no longer be legally related to her.
 

marthatash

Junior Member
If an adult adoption is permitted in your state that would mean that you would no longer be legally related to any of your biological family. Your biological grandmother could still leave you something in her will if she mentions you by name, but you would no longer be entitled to any inheritance based on relationship, because you would no longer be legally related to her.
I understand that if I am not specifically named in her will I then I am not entitled to inherit anything. I do know that I am specifically name in her will. My question is what happens then? Am I treated as if I am an unrelated person outside of the family inheriting from the estate? I've read several things and keep getting conflicting information.
 

PayrollHRGuy

Senior Member
Looks like in both states that you mention you would for all estate laws no longer be a member of your biological family. As said that would not stop any member from your biological family naming you as a beneficiary in a will or any other estate planning document.
 

Zigner

Senior Member, Non-Attorney
The OP wants to know how much inheritance tax he'll have to pay from Grandma's estate.

Pennsylvania: http://www.revenue.pa.gov/GeneralTaxInformation/Tax%20Types%20and%20Information/Pages/Inheritance-Tax.aspx

South Carolina doesn't have an estate tax.

The federal estate tax rules apply no matter what.
 

Zigner

Senior Member, Non-Attorney
The OP also wanted to know if it would CHANGE anything tax wise. It won't.
That is not true. His tax rate in PA would go from 4.5% to 15% if the lady is no longer (legally) his grandmother. HOWEVER, it's possible that the adoption won't change things with regard to his status as an heir. The OP should really reach out to a PA attorney.
 

Zigner

Senior Member, Non-Attorney
My bad. I got their states crossed up.
It's ok - according to this site, the OP would remain his inheritance "rights" from his biological grandmother:

In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person.
[SUB]https://www.childwelfare.gov/pubPDFs/inheritance.pdf[/SUB]


The OP really needs to run this by an attorney.
 

latigo

Senior Member
It's ok - according to this site, the OP would remain his inheritance "rights" from his biological grandmother:

In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person.
[SUB]https://www.childwelfare.gov/pubPDFs/inheritance.pdf[/SUB] . .
You post seems unclear and your URL unbefitting.

So let me kindly ask on what authority do you say that if adopted the OP would retain his right to inherit from his biological grandmother?

Obviously the issue has to do with intestate succession as any person is capable of inheriting through testamentary disposition.

In other words, why would it be that whereas a child adopted away from a birth parent does not stand to inherit by intestate succession from such a parent, why does the same person stand to inherit in that manner from a blood grandparent?

If the OP died intestate, would the grandparent be entitled to inherit from the OP's estate? I don't know, but I don't think so.
Thanks
 
Last edited:

Zigner

Senior Member, Non-Attorney
You post seems unclear and your URL unbefitting.

So let me kindly ask on what authority do you say that if adopted the OP would retain his right to inherit from his biological grandmother?

Obviously the issue has to do with intestate succession as any person is capable of inheriting through testamentary disposition.

In other words, why would it be that whereas a child adopted away from a birth parent does not stand to inherit by intestate succession from such a parent, why does the same person stand to inherit in that manner from a blood grandparent?

If the OP died intestate, would the grandparent be entitled to inherit from the OP's estate? I don't know, but I don't think so.
Thanks
What part of "In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person" is unclear?

The OP needs to speak to an attorney.
 

LdiJ

Senior Member
What part of "In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person" is unclear?

The OP needs to speak to an attorney.
I think that I would like a definition of "familial relationship" from a PA attorney.
 

latigo

Senior Member
What part of "In Pennsylvania, an adopted person may inherit from the estate of a birth relative, other than a birth parent, who has maintained a familial relationship with the adopted person" is unclear? . . .
Sorry for troubling you. I found it here:

"For purposes of inheritance by, from and through an adopted person he shall be considered the issue of his adopting parent or parents. An adopted person shall not be considered as continuing to be the child or issue of his natural parents except in distributing the estate of a natural kin, other than the natural parent, who has maintained a family relationship with the adopted person. * * * * * " Pennsylvania Consolidated Statutes Title 20 § 2108. Adopted person.
 

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