One of the issues states address in dealing with intestacy is how to treat children (kids born after a will is written, step-parents, etc.). And one question is what happens with children given up for adoption. Can adopted children inherit from their biological and adoptive parents? Can biological and/or adoptive parents inherit from children who are adopted (I can’t even think about what that question actually means).
While the general rule is therefore that adoption cuts off inheritance rights between biological parents and children who have been adopted by another family, there are exceptions to this rule. For example, some states (from Maine to Alaska) allow inheritance rights to continue if it’s stated in the adoption decree. Other states, big (Texas) and little (Rhode Island), say that an adoption will cut off the biological parents rights to inherit from an adopted child, but the child can still inherit from his biological parents. The Child Welfare Information Gateway covers all of the exceptions to the general rule here.
Buddy bonded with both families in Elf and hopefully both families had proper estate planning advice. So watch the movie this holiday season (and lobby for a Love Actually sequel – it could be awesome) and don’t worry about Buddy’s future. Happy holidays!