According to the Texas Probate Code, adopted children have inheritance rights when their parents die intestate. An intestate parent is one who dies without a valid will. An adopted child has the same intestacy rights of inheritance as a natural or biological child. The Texas Probate Code sets forth the rules of succession to determine which heirs are entitled to receive an inheritance when a Texas resident dies without a valid will. Pursuant to the Texas Probate Code, an adopted child has a right to inherit from both sets of parents – biological and adoptive. However, a biological or natural parent does not have a legal intestacy right to inherit from the child she chose to give up to adoption.
The Texas Probate Code’s protection of adopted children is especially important as more and more children seek out their natural birth parents’ identities. Since Texas law allows adult adoptions, the Legislature addressed this by denying intestacy rights to adoptive adult parents and their adult children. In other words, an adopted adult does not have an intestate right to inherit from her adoptive parent. Conversely, an adoptive parent does not have an intestate right to inherit from his adopted adult child.
Stephen A. Mendel, Estate Planning Attorney
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