Do adopted children have rights to their biological father’s estate if he died intestate?

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Do adopted children have rights to their biological father’s estate if he died intestate?

My father passed away intestate 6 months ago. He had 4 children but 2 were adopted 40+ years ago. Do the 2 adopted children have rights his estate? Will the estate be divided 4 ways or 2?

Asked on June 4, 2012 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your father.

Adopted children and biological children have equal rights of inheritance.

Under the rules of intestate succession, if your father had a surviving spouse, she would inherit the entire estate and the children would receive nothing.  If there wasn't a surviving spouse, the four surviving children would each receive 1/4 of your father's estate.  If there are deceased children, who had children (your father's grandchildren), they would inherit the share their deceased parent would have inherited.


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