What is an adopted child’s rights to inherit from ther biological father?
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What is an adopted child’s rights to inherit from ther biological father?
My father allowed 2 of his 4 children to be adopted at young age. He still is the legal father of 2 of his children. In regards to his estate, do the 2 who were adopted by their mother’s new spouse have any claim on the estate?
Asked on June 5, 2012 under Estate Planning, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Adopted children and biological children have equal rights of inheritance.
If your father leaves a Will, the Will is controlling in determining inheritance. If your father does not leave a Will, the rules of intestate succession determine inheritance.
Intestate means dying without a Will. Under intestate succession, if your father leaves a surviving spouse, she would inherit his entire estate. If there is no surviving spouse, your father's estate will be divided equally among his four children. If a child predeceases your father, but has surviving children (your father's grandchildren), the grandchildren will inherit the portion of the estate their parent would have inherited had their parent survived.
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