Inheritance Rights of Adopted Children

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ImageThe inheritance rights of adopted children are protected when a parent dies without a will. Under the Texas Probate Code, a child adopted by the decedent is treated the same as a natural-born child. Therefore, the adopted child can inherit from his or her adopted parents and vice versa.

If the decedent allowed their child to be adopted, the child can still inherit from his or her natural parents.  However, the natural parents cannot inherit from the child if the child dies without a will. This is an important consideration today when so many children are adopted.

Furthermore, under Section 162.507 of the Family Code, a person who is adopted as an adult, inherits from their adoptive parents but not their biological parents and vice versa.

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4 thoughts on “Inheritance Rights of Adopted Children

    Kimberly Vanginault Hall said:
    December 30, 2013 at 5:24 am

    My adopted father died and had a will that was not notarized. So his new wife told us it is no good. We are speaking, however she is being VERY secretive about his estate, only telling me that everything is hers until she dies, then his property will be divided equally between my other adopted sister and one bio sister. She gave me one of his shirts. He owns a boat, two tractors, a truck in his name and the house and other vehicles are in both their names. I want to ask what I should ask about, now, because I won’t know what to do after she passes some day. But she seems to think my other siblings are evil and is afraid to say anything. How do I find out what I should do without her getting mad. She has already threatened to burn down the property. She also said he left me some money in his unauthorized will, and she will honor that, but I know he had several bank accounts and I think one of them may not have listed her on it, because they froze it. I want to do what is right by her, but I also want to make sure she doesn’t play me for a fool. I expect her to live on what she needs until her time comes, but I also don’t want her to somehow leave our family property to her heirs someday. Is there a way for me to research this without causing problems…..? Please advise.

      patriciabcole responded:
      January 30, 2014 at 9:55 pm

      I suggest you consult an attorney right away. Your step-mother does not get everything if there is no will. The estate would be split between his children.

        Kimberly Hall said:
        April 6, 2014 at 5:48 pm

        Thank you so much. As it turns out apparently she tried to fake a will, then blamed it on me. She wasn’t very smart about it, though. She did it when I was in Dallas, at work, on her computer, with her credit card….8 days after my father died. I have an appt with an attorney next friday. Her attorney sent me a copy of this fake will. She made several mistakes in it…..like starting with she obviously doesn’t know either of my sisters legal names or mine! Wondering if I can press charges for her trying to forge a will????

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