How do state laws of intestacy apply to children that are adopted by a surviving spouse?

In the state of Florida, adopted children are generally considered heirs of the adoptive parents with the same rights of biological children. This means that when a surviving spouse is adopting a stepchild, the child is considered an heir of the adoptive parent for purposes of state intestacy laws. Under Florida law, an adopted child is vested with the same rights, privileges, and immunities as if the child was a biological child of the adoptive parent, including rights of succession to the intestate estate of the adoptive parent. Thus, when a surviving spouse adopts a stepchild, the adopted child takes precedence over any other non-adopted issue of the surviving spouse and is eligible to receive the same share as stepchildren of the same marriage. This means that if a surviving spouse leaves intestate, any of their non-adopted minor stepchildren are entitled to receive a full share of the intestate estate, regardless of the length of the marriage. Additionally, adopted children are considered equal heirs along with biological and adopted children of the other spouse. This means that adopted stepchildren of the surviving spouse are entitled to the same share as the other half-blood heirs. Overall, under Florida law, adopted children have the same rights of succession as any other child to the intestate estate of the adoptive parent. Therefore, when a surviving spouse adopts a stepchild, the adopted child is entitled to the same share of the intestate estate as any other non-adopted stepchild of the same marriage.

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