Intestate Inheritance Rights for Adopted Children - Nebraska


Birth Parents in Relation to Adopted Person

Citation: Rev. Stat. §§ 43-111; 30-2309

After an adoption decree has been entered, the birth parents of the adopted child shall be relieved of all parental duties toward and all responsibilities for such child and have no right to the adopted child's property by descent and distribution.

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Rev. Stat. § 30-2309

For purposes of intestate succession, a parent-child relationship exists between an adopted person and an adopting parent.

Adopted Persons Who Are Not Included in a Will

Citation: Rev. Stat. §§ 30-2321; 30-2349

If a testator fails to provide in his or her will for any child who was adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

  • It appears from the will that the omission was intentional.
  • When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
  • The testator provided for the child by transfer outside the will in an amount equal to or greater than such child's share had the testator died intestate.

Adopted individuals are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.