What is an adopted child’s rights to inherit from ther biological father?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption