Legal Question in Family Law in Texas
Adoptee's rights to estate if no will
My first husband and I adopted our son from an agency as an infant. Because of unfortunate events beyond my control, we divorced three years later. We both remarried. My ex-husband had no other children. He recently died suddenly of a brain anyurism and left no will. My son only hoped for a few personal items but was denied them by his step-mother. He is sixteen. Does the new wife automatically inherit everything? What about real estate that was in my ex-husband's name? We are not gold diggers and had advised our son to forget about it but when he was denied even small personal items, we are wondering if we should contact an attorney. One post script: My ex owned a business... what if his debts exceed his assets. Could my 16 year old son be held responsible for any of these debts if we pursue this for him?
1 Answer from Attorneys
Re: Adoptee's rights to estate if no will
An adopted child inherits to the same extent as a biological child. In fact, an adopted child inherits not only from his adopted parents but also from his natural parents as well.
In the absence of a will, your son would inherit according to the laws of intestate distribution. This is a rather complex process, but the rules are pretty clear cut. The procedures are what compllicate things. The stepmother will probably not pursue an intestate administration of the estate because she will wish to retain all for herself most likely.
As for the business, all debts of the estate will be paid out first, with a few significant exceptions. What is left over will be distributed to the heirs - your son included.
I would be happy to consult with you concerning this matter. Feel free to contact me at (832)443-7170.
Good luck!
Stephanie T. Shipp
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